What happens behind closed doors often stays there

By Sara Winter

Many Wisconsin school districts either do not keep detailed minutes of closed session meetings or failed to turn them over in the recent public records audit conducted by the Wisconsin Freedom of Information Council, highlighting one area of controversy over the state’s Public Records Law.

“I don’t think that there’s any justification for withholding the minutes period,” said Christa Westerberg, an attorney and vice president of the Freedom of Information Council. “There’s basic information in there that isn’t subject to any exemption such as who was present, usually that’s listed at the top of the minutes, the length of the meeting, and at least some of the items on the agenda that were up for discussion.”

But a number of school boards didn’t turn over any closed session minutes in the recent survey of 65 school districts, while several others said requesters would have to file a lawsuit to gain access to them. Only a few school boards turned over minutes that redacted sensitive information, which many experts say is the proper practice.

Click here for full story.

 

How Open are Officials’ E-Mails?

The use of e-mail by public officials has raised new questions about public access to government business. While the public records law references “electromagnetic” records, a number of major policy questions are left largely unregulated at the state and national level. This means it is often times up to individual officials or local governmental bodies whether or not their e-mails are open for viewing by the public and media.

Online court records raise new questions about access and privacy

Although "Matt’s" mother knows it is illegal to discriminate based on convictions or pending court cases, she says she believes potential employers are checking her son’s record on Wisconsin’s online database, commonly referred to as CCAP, and not hiring him because of it. "He’s a wonderful and gifted writer, but it will be difficult for him to get a job as a writer with this CCAP situation as it is,” said Matt’s mom, who asked that her family’s names not be used for this story. “He has this stigma now attached to his name.”

'Woznicki' notices often confuse custodians and delay requests

Woznicki v. Erickson continues to affect open records requests across the state, sometimes because it is warranted and other times because of confusion by records custodians as to when these notices are actually required. “There hasn’t been a good consequence to this newly created right,” said Bill Lueders, president of the Wisconsin Freedom of Information Council.  “It’s just been delay, expense, and denial of access.”

Educating public officials about Public Records Law a continuing challenge

One town clerk said she was too busy to answer a public records request. A school secretary demanded that a person put in writing a request to see school board minutes. A sheriff’s deputy wanted to know why a reporter wanted to see a list of people booked into the county jail. Each of these situations occurred in the past year. And most importantly, each represented a violation of the Wisconsin Public Records Law.

Incomplete records continue to plague journalists

After an off-duty deputy went on a killing spree that claimed seven lives in Crandon, Wis., last year, the public demanded answers to the variety of questions raised by this stunning tragedy.  Despite reporters' best efforts to find information, city and county officials repeatedly provided documents that only told part of the story.  Redactions littered the public records they gave and journalists had to play the part of detectives.

Records custodians have many duties

One of the largest misconceptions comes from the public’s belief that retrieving documents is a simple process that can be completed instantaneously.  In reality, custodians must undergo a lengthy test with open records, weighing the costs and benefits of releasing sensitive information. “From the custodian’s point of view…we do so much more in regards to these requests than just handing out a piece of paper,” Madison Police Captain Carl Gloede said.  “We not only fulfill any request we can but also educate people on a daily basis to try and eliminate the many misconceptions they have about the statute.”