Wisconsin Freedom of Information Council

In mid-August, in my role as a press advocate, I received a call from the owner of a small, vibrant, online community newspaper who was worried about publishing a story that reflected poorly on a local business. The paper had checked and rechecked its facts, and gave the business repeated opportunities to comment. But still, […]

As part of doing business, government agencies often maintain contact lists or distribution lists. These days those are typically email addresses, but they also can contain physical addresses or even phone numbers. Your state legislator probably has a list of email addresses to send newsletters. Your local governmental units might have multiple lists for different […]

In recent years, public schools in Wisconsin and across the country have come under intense scrutiny. At issue are some of the most politically engaging, high-stakes issues of our time: what we teach children about race, gender and identity; how we police the line between free speech and anti-discrimination law; and the role of parents […]

In early April, I requested some records from the Madison Police Department regarding what it said was the sole disciplinary action taken against an MPD officer or employee in the first three months of this year. It was an exceedingly minor matter — a sergeant who got a one-day suspension for sending an “unprofessional email […]

When Madison Metropolitan School District communications director Tim LeMonds sued his employer in March to block release of a complaint against him, he claimed there would be grave repercussions if the public were allowed to see the allegations it contained. Access to the documents, LeMonds’ lawyers argued, would harm the school district’s “ability to effectively […]

A unanimous voice vote by the Wisconsin Senate on a piece of legislation is a rare occurrence. But that’s what happened on April 19, when state senators approved a bill to undo a decision by the Wisconsin Supreme Court regarding public records. Senate Bill 117, sponsored by Sen. Duey Stroebel (R-Saukville) and Rep. Todd Novak […]

Recently, Wisconsin Watch revealed how members of the Wisconsin Legislature’s powerful budget committee secretly hold up projects or programs they don’t like. They often do so, reporter Jacob Resneck found, without following a state law that requires the committee to schedule a hearing within 14 working days of such an objection. The hearings are designed […]

For the 17th consecutive year, the Wisconsin Freedom of Information Council has named its annual Openness in Government Awards, or Opees, in honor of national Sunshine Week, March 12-18.  Five winners and one loser were selected from among an uncommonly large number of nominations. And the Opees go to: Public Openness Award (“Popee”): Jim O’Keefe. […]

Many people in Wisconsin are under the impression that the disastrous probe into the state’s 2020 presidential election conducted by former state Supreme Court Justice Michael Gableman is over, as are its costs to taxpayers. They’re wrong. The probe, conducted over 14 months by Gableman at the behest of Assembly Speaker Robin Vos, failed to […]

As ever, 2022 was a roller coaster year for open government. The Wisconsin Supreme Court made it harder for requesters to recover attorneys’ fees for open records suits, but also issued a ruling to prevent outsiders from blocking responses to open records requests. Elections officials struggled under the weight of open records requests in the […]

More than a year and a half after the expiration of his term, Dr. Frederick Prehn continues to occupy a seat on the Natural Resources Board, which sets policy for the state Department of Natural Resources. His refusal to step down has allowed him to cast the deciding vote in key decisions related to wildlife […]

How much does it cost to copy one piece of paper? If you ask records custodians in Wisconsin, many will tell you 25 cents. At least that’s what they charge. Is that number accurate? Commercial printers charge half that for small jobs, and bulk printing jobs can get as low as two cents per page. […]

Josh Kaul and Eric Toney are miles apart on many issues, but when it comes to open government, the candidates vying for Wisconsin attorney general in the Nov. 8 election agree: more money is needed to handle enforcement of the state’s transparency laws. The Wisconsin Freedom of Information Council sent questionnaires to Kaul, the Democratic […]

Wisconsin’s open records law is most often used by requesters seeking to obtain records from a government agency.  But occasionally it works in reverse, allowing someone to block the release of records to a requester. The Wisconsin Supreme Court has recently affirmed important limits on such efforts. Ironically, it was the court that created the […]

Let’s say you request records from a public official under the state’s Open Records Law. Let’s say the official, though legally obligated to provide them, does not. Let’s say the records are not provided until after you hire a lawyer and file a lawsuit, at considerable expense. Have you won the case? Should you be […]

Most of the time, public officials in Wisconsin obey the state’s openness laws. Sometimes, they need a little prodding from the courts. But the recent conduct of Robin Vos and Michael Gableman is something altogether new, and deeply disturbing. Both Vos, the speaker of the state Assembly, and Gableman, whom Vos hired at taxpayer expense […]

Since 1979, the Wisconsin Supreme Court has allowed cameras and microphones in state courtrooms, subject to reasonable restrictions. Thirty years ago, Milwaukee serial killer Jeffrey Dahmer’s sanity trial was broadcast live. In 2006, former Green Bay Packers tight end Mark Chmura’s sexual assault and child enticement trial was broadcast live. This past November, Kyle Rittenhouse’s […]

If a legislator deletes an email, is it truly gone? Not necessarily. On March 10, Dane County Circuit Judge Valerie Bailey-Rihn ordered Assembly Speaker Robin Vos to search for deleted emails that should have been preserved after an open records request from American Oversight, a watchdog group. Weeks later, Vos’ team surrendered an astounding 20,000 […]

Anyone who doubts that secrecy in government breeds poor public policy should take a look at the Business Court Pilot Project launched by our Wisconsin Supreme Court. For the last five years, the project has granted large commercial interests outsized influence over our court system’s handling of their cases, exactly as intended. The business court […]