Guest Column: Sunshine Week 2012: The Importance of Access to Public Records
Guest columnist Attorney General JB Van Hollen salutes 'Sunshine Week' and those who keep records public and accessible.
March 11 through 17 is Sunshine Week. Wisconsin has some of the strongest “sunshine laws” in the country, and I salute all of the Wisconsin records custodians, meeting organizers and others who diligently perform their duties under these laws.
This spring, an important public records case is pending in our Wisconsin Supreme Court: Milwaukee Journal Sentinel, et al. v. City of Milwaukee, et al., No. 2011AP1112. The issue is whether a requester must pay the cost of redacting a public record when a governmental body decides that parts of the record cannot or should not be released. Milwaukee Journal Sentinel involves a newspaper’s request to the Milwaukee Police Department (MPD) for dispatch records and incident reports. MPD asked the newspaper to prepay the redacting costs before release. The newspaper challenged the request in Milwaukee County Circuit Court, which agreed with MPD. The case is now before the Wisconsin Supreme Court.
Redaction costs have been an issue for years. The Public Records Law allows records custodians to charge for copying, postage, and certain other costs of complying with public records requests but is silent on redaction. Questions about redaction costs arose shortly after the law was enacted and, in 1982, then-Attorney General Bronson La Follette opined that they could not be charged. Our supreme court has not directly addressed redaction costs but has stated more generally that a records custodian may recoup all of its actual costs for responding to a public records request.
My office has obtained permission from the Wisconsin Supreme Court to file a “friend of the court” brief in Milwaukee Journal Sentinel. We will argue that the Public Records Law does not authorize charging for redaction costs. It is the Legislature’s province -- not the Court’s -- to determine what costs may be charged to public records requesters, and if the Legislature considers the issue of redaction costs, it should formulate a solution that balances the interests of government and requesters.
There is no question that the cost of redacting records can be a significant burden on governmental agencies. As the volume and complexity of records maintained by many units of government has increased since 1982, so, too, has the magnitude of redaction costs. For larger governmental units, redaction of records may consume thousands of hours of employee time, and tens of thousands of dollars each year. These duties are mostly performed by employees with other responsibilities and, during tight budget times, most governmental bodies are already understaffed.
Although I recognize the cost and burdens of public records compliance, charging for redactions costs should not be allowed absent clear and specific direction from the Legislature. Responding to public records requests and providing openness are important governmental functions that the public already pays for through tax levies. If requestors are required to pay the cost of redaction, it sends a message that public records compliance is something other than a core governmental function and something less than a statutory right.
At the Department of Justice, we take our public information mission seriously. Each fall, our legal experts speak at free seminars around the state to promote understanding of the Public Records Law and Open Meetings Law. Year round, our experts answer questions and provide information about the Public Records Law and Open Meetings Law. Anyone with questions about these laws may call (608) 266-3952, leave a message, and receive a return call from one of our public records or open meetings attorneys. Written inquiries also may be sent to me at Post Office Box 7857, Madison, WI 53707-7857.
Another invaluable Department of Justice resource is the Public Records Law and Open Meetings Law reference section of our website, www.doj.state.wi.us. Anyone may view, print, or download these resources free of charge at any time. Look for the “Open Meetings & Public Records” box on our home page. I encourage anyone interested in open government to use these resources and to contact the Department of Justice when we can be of assistance.
JB Van Hollen is the Wisconsin attorney general.
Bren
5:13 pm on Monday, March 12, 2012
What, no shout-out to Kathy Nicklaus and your asterisked 2006 election?
But I agree about sunshine. Let's have some more sunshine into the Walker/ALEC administration.
James R Hoffa
5:22 pm on Monday, March 12, 2012
JB Van Hollen -
You're the man, but you need to grow a pair and start doing something about all of these activist Dane County judges. It's time for some interlocutory appeals or original jurisdiction cases in front of the Wisconsin Supreme Court.
meghan
7:01 pm on Monday, March 12, 2012
what
Bren
7:05 pm on Monday, March 12, 2012
Mr. Hoffa, elections certainly don't bring impartiality to the bench, although I believe there are many individuals of integrity in those positions. But Supreme Court Chief Justice Roberts and his decision to re-argue Citizen's United proves than even a life-time appointment doesn't guaranty non-partisanship.
James R Hoffa
8:49 pm on Monday, March 12, 2012
@Bren -
I'll agree that no one can ever fully be trusted to be 100% non-partisan no matter what qualifiers are imposed for the position of a judgeship. But for trial level judges, we can assess their performance in the face of binding precedence and whether or not such judges yield their own convictions in favor of following such precedence as our judicial system originally intended. It's what's known as a strict or conservative constructionist.
The Anti-Alinsky
11:41 pm on Monday, March 12, 2012
Atta way James R.
While JB doesn't have the ability to control Dane county judges "impartial" decisions, he certainly can appeal to a much more reasonable venue.
I mean OMG when the Wisconsin State Constitution actually cites the incredibly similar Indiana law as valid, how partisan can you get?
$$andSense
7:46 pm on Monday, March 12, 2012
Unbelievable Hoffa. You brag Walker to the end and forgive all his transgressions and then side swipe the best AG this state has seen in a long time. Yikes! Do you see the dysfunctionality here?
I am sorry, I take that back. You know what is best for us.
Maybe you want Peg back from the ditch?
My bad.
James R Hoffa
8:41 pm on Monday, March 12, 2012
$$andSense -
You must have missed the part wherein I clearly stated "JB Van Hollen - You're the man." I have great respect for our AG and agree that he's the best we've had in a long, long time. I'd just like to see him get a little more aggressive with the liberal Dane County judges that act like they're sitting somewhere in the Ninth Circuit instead of in the great state of Wisconsin, that's all. And what is so wrong with that?
The Anti-Alinsky
11:48 pm on Monday, March 12, 2012
Again, $$andnonsense has his "selective blog" hearing on. He obviously missed the point where James R. complemented him, but then expressed disappointment that he has yet to file the appeal.
But then $$and sense is just a grumpy old Liberal whose job is to bad mouth Governor Walker by posing as a Conservative.
$$andSense
8:54 pm on Monday, March 12, 2012
And what is wrong with expecting Walker to go after badge unions? You of anyone, like myself, should be pushing/insisting/demanding that fairness across the board be applied here. To expect senators and assemblymen to give up their salaries for the 90 to 120 days they spend in Madison while they have their regular jobs. Am I just too much of a conservative for you to comprehend? No, your friend the Muskego AA says I am just a "grumpy old liberal". Face it, you two have selective logic.
James R Hoffa
9:25 pm on Monday, March 12, 2012
@$$andSense -
When did I ever claim to be against Walker applying the same treatment to the badge unions as the other public sector unions?
I have no idea where you're coming from or what you mean with the rest of your rant, so I'll leave it at that for now.
This may surprise you, but some us actually try to limit our comments to the subject being discussed in the original article/blog posted on Patch. In this case, my comment on this board was a combination of two Patch stories released today, as I'm sure you've been able to ascertain.
Cherio!
$$andSense
9:18 pm on Monday, March 12, 2012
JB would make a far better fed AG than Eric Holder, useles POS.
James R Hoffa
9:45 pm on Monday, March 12, 2012
True that.
Even Bren's favorite candidate, a stalk of corn, would make a better federal AG than Eric Holder!
$$andSense
10:10 pm on Monday, March 12, 2012
Hoffa. Do you actually contact your state and fed reps?
My guess is that you don't. It is easier just to "rant" (your words) on Patch, isn't it? Am I still the "liberal", whatever the hell that means? Or are my expectations of politicians just too much for you to comprehend? Like the chicken s##ts that ran to Illinois? Before you answer, check with your good bud, the AA. He/she and momma are in the kitchen talking right now.
Is Bren your favorite diversion to get away from my dogging you?
James R Hoffa
10:30 pm on Monday, March 12, 2012
Let's see, I've had phone calls with Herb Kohl, Paul Ryan, Russ Feingold, Robin Vos, all in addition to actually speaking to them in persona, and actually suggested and helped pass a legislative amendment to the state's vehicle lemon law through my then state assembly person Bonnie Ladwig, which was eventually signed into law by then Governor Scott McCallum at a media event held in honor of and attended by yours truly.
I don't know who you are or what kind of political ideology you have. I only know of and agree with AA's assessment of your stance on Governor Walker, as I believe I've made quite clear, haven't I?
I too hold in disdain those state senators that ran to Illinois instead of representing all of their constituency by voting no instead of being absent as they were. All fourteen should have been recalled and replaced in my ideal scenario, but it's not always about what Hoffa wants, is it? I tried though, probably more than you did, as I was heavily involved in the Wirch recall effort.
And how much have you done exactly, other than spout off on Patch, Mr. $$andSense?
The Anti-Alinsky
11:50 pm on Monday, March 12, 2012
Actually $$andSense, it is a grumpy old Liberal whose job is to bad mouth Governor Walker by posing as a Conservative.
$$andSense
12:31 am on Tuesday, March 13, 2012
AA
You are so funny. But at least consistent with you name calling. I will give you that much. Now go home to your "wife", not your dog or mom or dad. And your debt as well. How long you in for? 20 years? 30 years? Come on now, be honest. Even the mighty Hoffa admits he has debt. No shame, just part of your version of modern "conservative" life. Hell, even Scott Walker admits the state has debt. Some he didn't make, some he did.
$$andSense
11:12 pm on Monday, March 12, 2012
Sure you have. OK. That is what movie making is all about. Artistic license and the lawyer’s disclaimer fine print at the bottom.
Yeah, I sent letters and got some responses back from them too. You left out Johnson.
“”I don't know who you are or what kind of political ideology you have. I only know of and agree with AA's assessment of your stance on Governor Walker, as I believe I've made quite clear, haven't I?”
Yes you have. You and AA are dysfunctionals that are willing to give badge unions a pass. Which equates to buying into corruption .Which is most fitting with your moniker.
James R Hoffa
11:22 pm on Monday, March 12, 2012
@$$andSense -
I left out Johnson because I've never spoken to him personal, or at least not yet anyway!
Again, when did I ever give badge unions a pass??? In fact, as you can see from all of my prior Patch activity, I've always advocated against ALL public sector unionization, haven't I?
Hoffa corrupt? Hardly - it was the Kennedy's who were corrupt! All of the Vegas loans were legit! Test Fleet was legit! And Robert Kennedy never jumped from the Capitol dome like he promised, did he?
You better start hitting the history books my friend!
$$andSense
11:22 pm on Monday, March 12, 2012
Hoffa
Sonething else occured to me. You mentioned in a previous post, it was about the WDNR lady, that there is no "Mrs. Hoffa". Just curious. Your friend the AA eluded to the same. Just sayin'.
James R Hoffa
11:33 pm on Monday, March 12, 2012
@$$andSense -
I know very little about The Anti-Alinski, so I'll let him/her speak for themselves.
And sorry, although I'm truly flattered, Hoffa just doesn't swing that way!
Yes, Hoffa is presently un-married, but is in an exploratory relationship with one of the most beautiful and extraordinary women Hoffa has ever met. I'm in complete awe every time I think about her. It's kinda funny because we actually met through Patch - who would have thunk such was possible? And no, that woman is not The Anti-Alinski - that much I can guarantee you.
Have a great evening!
The Anti-Alinsky
11:56 pm on Monday, March 12, 2012
I hate to correct you James R, but you are in an exploratory relationship with the second most beautiful and extraordinary women Hoffa has ever met.
Of course that is assuming you have met my wife.
(congrats and good luck by the way)
Yes, I am messing with $$andNonsense to see where he would take it, and he went just where I expected.
But that is because....(class)
$$andSense is just a grumpy old Liberal whose job is to bad mouth Governor Walker by posing as a Conservative.
James R Hoffa
12:26 am on Tuesday, March 13, 2012
@The Anti-Alinsky -
Thank you much, I appreciate that!
You and the Mrs. should join us at the Brookfield Square Mall event on the 24th!
Craig
4:47 pm on Tuesday, March 13, 2012
Hoffa: Sounds like you might have found Eutopia!
I do wish you and the Lady a wonderful future.
James R Hoffa
8:57 pm on Tuesday, March 13, 2012
Thanks Craig!
I hope it works out as well!
$$andSense
12:14 am on Tuesday, March 13, 2012
Ah yes, the two musketeers I brought together. How is your weiner welding coming along? The two most conservative fellows/ladies of SE WI. Both which hold high elected positions in local governance. Have a nice honey moon you sweet hearts.
Hoffa and AA, don't forget to pay your mortgages or rent this month.Don't want to be in debt like little liberals now, do we?
James R Hoffa
12:22 am on Tuesday, March 13, 2012
@$$andSense -
Wow, what happened to getting mature?
Did someone forget to take their meds today?
$$andSense
12:35 am on Tuesday, March 13, 2012
You did.
James R Hoffa
12:43 am on Tuesday, March 13, 2012
Attention Fellow Walker Backers - This Is A Call To Arms:
Proudly show your support for Governor Scott Walker, Lieutenant Governor Rebecca Kleefisch, and our fellow State Senators at a rally being held at Brookfield Square Mall on Saturday, March 24th from 4:00 p.m. to 6:00 p.m.
For more information on this event, brought to you by the same grassroots team that organized the highly successful 'Celebrate Walker' rally, please visit the official homepage for the event here:
http://www.facebook.com/events/307338025994069/
Hope to see you all there!!!
$$andSense
12:49 am on Tuesday, March 13, 2012
Hoffa
With your logic, anyone who disagrees with one aspect of a polticians stance that you support makes them an enemy, then your logic applies to Van Holland. I don't support all of Walker's decisions. You obiously don't support all of Van Hollen's. Your buddy the AA is all or nothing and it seems you are leaning in his/her direction. 'Nuff said. Sign on with the name calller. That is what went on in high school. Take the high or low road, your choice.
James R Hoffa
1:07 am on Tuesday, March 13, 2012
@$$andSense -
Wow, your reading comprehension is really in the proverbial toilet tonight!
I fully support the work that Van Hollen has done, I just wish he'd get a bit more aggressive about utilizing some of the judicial procedures available to him in countering these liberal activist Dane County judges!
And when did I classify anyone as an "enemy" exactly?
You may want to go back to Jonestown now, as Jim says it's past your curfew ;-)
$$andSense
8:49 pm on Tuesday, March 13, 2012
Always the last word. Just like my kids. You got kids?
Whatever....
James R Hoffa
8:59 pm on Tuesday, March 13, 2012
No kids. I do have a cat, whose picture I've shared here on Patch in the article focussed on cats.
$$andSense
9:54 pm on Tuesday, March 13, 2012
Now I understand volumes. Excuse my smart ass comments. In all seriousness, if you decide to father some children one day, they will teach you a lot about life and turn it around 180 degrees. As much as I consider myself a conservative (and I just despise political labeling) , they will bring out the other side as well. Trust me. It is unavoidable. I was a black and white thinking person myself once too. But please, do not have children if you don't want them. Way too much of that going around. I love mine dearly. And political do-gooders are always at the ready to dictate much more to you than what you want to hear or be told about how you raise your kids. You can call them liberals or whatever you want. I was raised with old fashioned Germanic values. Discipline, JudeoChristian values, morals, personal responsibility, etc. etc. I expect the same of others, be they neighbors, people on the street or politicians. Maybe I am too high and mighty to expect the same of others. You can be my judge. The floor is yours.
This makes me a liberal?
The Anti-Alinsky
10:12 pm on Tuesday, March 13, 2012
What makes you a grumpy old Liberal whose job is to bad mouth Governor Walker by posing as a Conservative is that you continually tag yourself as Conservative (see above post), but continually put down Governor Walker and other Conservative leaders and issues. To quote one of my favorite actors (Harrison Ford, unfortunately a Democrat): "Not black and white! Right and wrong!"
I respect that you have an opinion, but I just wish you would be honest and admit that you are a grumpy old Liberal whose job is to bad mouth Governor Walker by posing as a Conservative.
$$andSense
10:36 pm on Tuesday, March 13, 2012
AA
My commentary to Hoffa goes to you as well. It was meant to be conciliatory and honest. Hoffa at least seems to have rationality on his side though he has not responded. I may be wrong about him. But in your case, it appears to be all anger, labeling, smearing, and outright assault. You have a future in the Marines, if not already there. I take that back. They are discerning too. You are one of those that digs a verbal foxhole and won't come out ever. My guess is that you are not married or have children either. Care to answer? Do us all a favor and stay status quo. What a trip.
$$andSense
10:08 pm on Tuesday, March 13, 2012
And I still think JB is a darn good AG. You don't agree with all his actions. I don't agree with all of Walker's. Can we just agree to disagree without pitched word battles?
James R Hoffa
10:29 pm on Tuesday, March 13, 2012
@$$andSense -
Like I've explained numerous times now, I have and continue to agree with most if not all of JB's actions - I'd just like to see him be a bit more aggressive towards the bad trial court decisions that are coming out of Dane County and influencing statewide legislation. That doesn't mean that I disagree with what he's currently doing, only that I'd like to see him do more, that's all.
I also agree with most of Walker's actions, but not all - a quick search of the Patch archives will probably reveal a couple actions that I haven't fully seen eye to eye on with Walker, but for the most part, he's been absolutely fantastic and the best Governor we've had in a long, long time, in my honest opinion.
If you're upset with Walker about something, that's fine and you're entitled to your opinion without being labeled. But, as a self-declared man of conservative convictions, I don't know how you could be satisfied with one of his current Democratic challengers winning the seat in an election that you find to be illegitimate. If you voted for Walker previously, even if you don't necessarily care for him now, wouldn't you at least want to preserve the sanctity of your original vote for him as opposed to allow it be subverted by a recall effort you find to be illegitimate?
I guess I'm just trying to understand your logic on the issue.
$$andSense
10:59 pm on Tuesday, March 13, 2012
You will never understand a person of conviction. Stay single. Stick with the cat. Arrogance has a terrible price. Yikes! They walk amongst us.
James R Hoffa
11:25 pm on Tuesday, March 13, 2012
@$$andSense -
I'm trying to understand, but you're not helping any, are you?
Essentially, what you are saying is this:
'I have conservative convictions and voted for Walker originally, but disagree with some of what he's done since taking office. But, because I don't recognize the legitimacy of the recall election, I'm willing to let that vote be subverted to the clearly left-wing radical tax and spend public sector union bought and paid for Democrats by abstaining from voting in the recall election.'
You don't see the internal contradictions with such a sentiment? The only way that I can gauge you as being content with having one of Walker's Democratic challengers subvert your vote is if you're either a public sector union member or are somehow close to that cause in some way or another. Am I correct?