Records custodians have many duties

By Andy Koritz

M. Tanya Molony hangs up the phone.  Realizing her duty to release records, she digs through a stack of death certificates and bloody photos.  As odd as it may seem, the support services captain at the Dane County Sheriff’s office realizes that her actions are bringing closure to an individual’s life.  

“The thing about this job, is that you never know what you’ll come across each day,” Molony said.  “I’ve come to expect the unexpected.”

After the implementation of the Wisconsin Open Records Law in 1976, citizens have enjoyed freedoms to access open records from any statewide or citywide governmental agencies. However, while the law may appear simple in nature, custodians and other employees of private organizations face numerous challenges when releasing documents.

“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.”

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.

“Of course, the presumption in Wisconsin is that the records are to be released,” Frank Crisafi, a legal consultant for the Madison Metropolitan School District, said.  “[Custodians] look at what affect it will have on privacy interests, they look at whether or not it will have a chilling affect on hiring, those kinds of issues are in the balancing test.”

While agencies frequently use the balancing test to decide how much information they can release, Dane County Court Manager Wayne Pfister said he prides himself on making sure any and all information filed in Dane County courts is as open as possible based on court laws.  Pfister acknowledges some people believe the open records law is “extreme,” but conducts business as though the public should have “prompt access to the requests, especially since their tax dollars pay for it.”    

While it sounds simple, individuals seeking requests often do not understand the time element of the procedure, presenting another problem for employees.  According to the open records law, agencies must release records to the public in a “reasonable turnaround,” a window the courts have defined as a ten-day period.

However, Gloede said individuals frequently fail to understand how many complexities exist when releasing information.  They also fail to take into account how much paperwork builds up at the agencies, often delaying the process.

As a result, the average citizen is “miffed,” Gloede says, when they come in and cannot access the information immediately. “They’ll come in and expect since they are asking for it today, we can just go get it on the spot.  It’s not that easy,” Gloede said.

As a result, Gloede said the job is a daily process of educating the public on misconceptions of the law.  Employees must explain to individuals how much information they can give out before compromising the integrity of daily casework.

“We want to give the public enough, as much as possible, to make them feel safe and informed,” Gloede said. “Yet at the same time, we have to maintain the balancing act of not giving out too much information that would jeopardize a successful investigation and prosecution.”

Technological changes have also added a new wrinkle to how custodians deal with open records requests.

One of these ways is through the development of online communication. In recent years, Madison city agencies have begun to post open records request forms on the Internet, creating an online information database that makes access instantaneous.

Pfister said he has seen a “definite increase in requests” for Dane County court records as the Internet has grown and made individuals more aware of how to access and receive information.

“Before, people had to come down to the courthouse to get the records.  Now, it’s a point and click type system,” Pfister said.  “The availability [of information] out there on the Internet has absolutely changed the way the open records work.”

Online communication has expanded beyond simply Web sites and into the area of mail accounts and other virtual documents. In recent years, the availability of electronic letters has become a hot button issue. 

“Every e-mail we send is an open record.  Absolutely, every one,” said Rachel Strauch-Nelson, communications director to Madison Mayor Dave Cieslewicz. “Recently…we’ve taken into account things like text messages and instant messenging which has affected how we deal with record keeping in general.”

New types of media have also shifted the types of open records requests the public asks for. The MPD has begun releasing video records as cameras become more prevalent around town and in squad cars. As a result, Gloede said the addition of another medium had added “more complexity to the mix.”

“Not only do you still have paper and photographs from traditional investigators, but now you have video to deal with, trying to figure out how to store it, manage it and make disks of it,” Gloede said.
Despite the challenges of dealing with demands of open records requests, record keepers say interesting inquiries continue to add a sense of unpredictability to their jobs.  Crisafi said he’s seen so many strange requests that “nothing could possibly surprise [him] anymore.” 

Molony said some of the oddest requests filed come from individuals with perfectly sound motives.

“Some of the interesting ones are some people ask for death investigations that may have occurred ten years ago,” said Dane County Sheriff’s Office Captain M. Tanya Molony.  “They want to see the reports because it brings them closure.”

Unfortunately for the public, however, the right to open records often comes with a price. While most agencies only charge a few cents per page, custodians have charged extremely high amounts over the years. 

Just how much will it cost to obtain some documents?  Pfister said it’s not unusual to charge up to $1,500 for 800 page documents from the courthouse as state statutes allow county court systems to charge $1.50 per page.

MPD Records Supervisor Julie McRoberts said the department has run requests costing well over $600 when pictures and other forms of multimedia are involved.  Perhaps among the highest, however, was a request Molony received at the sheriff’s office: $5,000 for records in a homicide case.

“That case involved all sorts of photos and other records,” Molony said.  “When you start getting into visuals, it ends up costing a bit more.”

“People coming in who ask for a lot of records fail to realize how much it’ll cost them,” Crisafi said.  “That’s where we usually step in and let them know, ‘Hey, it’ll set you back X amount of dollars to proceed with this.’  That’s when they usually drop it.”

Despite the difficulties custodians face with a plethora of open records requests, they enjoy filling a job that’s crucial towards the public’s right to know.

“The job may not always be glamorous,” Molony said.  “But it’s certainly a very important function that we do.  We are in charge of making sure government is as open as possible—the way it should be.”