Wisconsin Freedom of Information Council

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December: City leads the way on openness

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Steve Lovejoy

Recently the City of Burlington made some changes to its website, adding a feature it calls a “performance dashboard.”

The online tool gives city residents a better look – much of it in real time – about what their government is doing. As the site explains, “Users can review monthly and yearly revenue, expenditures, per capita spending and performance measurements across several departments.”

In unveiling the site, Burlington Mayor Robert Miller said, “It has been one of my goals that we make city government as transparent as possible.”

That’s the kind of thing that makes advocates of open government want to stand up and clap.

City and state officials and politicians sometimes take the jaundiced view that what they do is their business – and resist sharing the information that forms the path for their actions with citizens and taxpayers.

But it’s not “their” business, it’s the public’s business. The public has every right – within established guidelines and reason – to know the details of government operations. Clearly within this realm is information about how much government costs, how well its decisions stack up against other communities, and what alternatives might be available.

Transparency in government is more than a buzzword, it’s an effective way of communicating with constituents and taxpayers and building trust. Responsible government officials want to make sure their decisions can be fully scrutinized and the people making them can be held accountable.

Too often citizens and media representatives around the state have to leap over hurdles to get information on government actions that should be routinely made available for inspection. That means filing formal information requests and sometimes having to go to court before the requested records are finally made public.

Going to court is never a preferred option. It’s a cumbersome and expensive process that could often be sidestepped if government officials would simply recognize that Wisconsin’s Open Records and Open Meetings laws require that government should operate as openly as possible.

In some cases, public officials and politicians block access to information knowing that by the time the information finally comes out it will be long past the time it is relevant to the issue that made its public release important.

That’s hardly good governance.

Mayor Miller and the city of Burlington’s online initiative stand in stark contrast to those efforts to keep the public in the dark. The city’s new performance dashboard lets Burlington residents (and anyone else) get monthly updates of the city’s general fund revenues and expenditures, for both the current and prior year. Taxpayers can compare the cost of city operations to those of other communities and find details on operation spending.

According to Miller, city department heads and the city council use these same online tools to gauge their spending, develop budgets, monitor performance and make policy choices.

Future plans call for the city of Burlington to stream city council meetings on its website live – and create archives of previous meetings.

All these things should provide Burlington residents with a better window into what their government is doing, the choices and reasons for policies and a more open community discussion of the path the city should take.

That’s opening the window for better government and more community understanding. And it’s something that communities around the state may want to emulate.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council, a non-profit group dedicated to open government. Steve Lovejoy, a council member, is editor emeritus at the Racine Journal Times.

 

November: Public’s business shouldn’t be 'private'

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Dee Hall

Wisconsin’s Open Records Law asserts the public’s right to the “greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.”

But the law’s reach has been tested in recent years by electronic communications that are easily sent — and just as easily deleted — from officials’ email and cellphone accounts.

In May, the Wisconsin State Journal reported that Madison Common Council members were sending email and text messages during council meetings, holding essentially private discussions on matters that were supposed to be debated in public.

State Journal reporter Dean Mosiman obtained 7,656 emails and hundreds of texts exchanged during council meetings. He found that council members engaged in back-channel chatter with colleagues, lobbyists, staff and constituents on issues ranging from the silly to the substantive, including multi-million dollar subsidies for a proposed redevelopment project.

“Whether or not such communications violate the state's open meetings law, they certainly run contrary to the notion that substantive discussions of public issues should occur in the open,” said Bill Lueders, president of the Wisconsin Freedom of Information Council. “For members to confer and even strategize privately erodes trust in the process.”

The Wisconsin Supreme Court in 2010 ruled that emails sent and received by teachers through the Wisconsin Rapids School District’s email system were public records, but that purely personal communications could be withheld.

Attorney General J.B. Van Hollen issued a memorandum seeking to clarify the decision.

“If there is any aspect of the email that may shed light on governmental functions and responsibilities, “ Van Hollen wrote, “the relevant content must be released as any other record would be released under the Public Records Law.”

On Oct. 1, the Center for Media and Democracy and Common Cause in Wisconsin sued a handful of Republican lawmakers, saying they failed to comply with a public-records request to turn over emails sent from their personal accounts. The groups accuse the lawmakers of seeking to shield their correspondence with the controversial American Legislative Exchange Council (ALEC), a business-funded group.

The case was settled out of court, with the defendants acknowledging that official emails on personal accounts are subject to the Open Records Law and agreeing to provide these records.

More recently, Nino Amato, executive director of the Coalition of Wisconsin Aging Groups, alleged that officials from the state Department of Health Services used private email accounts to discuss state business regarding contracts with CWAG. Amato said he obtained the emails by filing a formal complaint with the state and demanding them under a legal discovery process.

In deposition testimony, one of the officials involved admitted using her private email account because “I was hoping to keep this private.”

In its public records compliance guide, Van Hollen’s office has advised that officials cannot evade the open-records law by communicating on private email accounts. “Email conducting government business sent or received on  the personal email account of an authority’s officer or employee also constitutes a (public) record,” the guide states.

The Wisconsin Freedom of Information Council believes the state should consider taking several additional steps to address the problems posed by new technology. Among them:

  • Bar members of deliberative bodies from engaging in electronic chatter — emails, text messages and instant messages — on issues under discussion.
  • Require that public officials use only their official government accounts, whenever possible, to conduct government business.
  • Establish consistent rules for the retention and retrieval of electronic communications involving government business.

The deliberations that go into making public policy should be conducted with as much transparency as possible. We all have a stake in ensuring that our modern tools do not undermine Wisconsin’s long-held commitment to open government.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council, a non-profit group dedicated to open government. Dee J. Hall, a reporter with the Wisconsin State Journal, is the group's secretary.

 

Texts. Tweets. Public record? Elected officials in legal quandary over new media, devices

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In the La Crosse Tribune, Betsy Bloom examines the open records implications of cellular texts and tweets among public officials.

 

Five GOP lawmakers settle lawsuit with groups seeking emails

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From the Milwaukee Journal Sentinel, a story of how five Republican legislators settled an open records lawsuit by two liberal groups by agreeing to turn over emails from their personal accounts to and from a conservative organization that works with corporations to draft legislation.

 

Minnesota court affirms open access to government contracts

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From the Minneapolis Star Tribune, the story of a Court of Appeals decision that all government contractors are subject to Minnesota's open records laws. "Under the law, private residents or businesses contracting with the government must comply with the Data Practices Act "as if it were a government entity." "

 


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