My column for the Washington County Daily News is online and in print. I share my uneven experiences with Open Records Requests with three local governments. Here’s a part:
What have we learned about the ability for a Wisconsin citizen to peer into the workings of our government?
First, if a government wants to be obstinate, there is not much that a citizen can do about it. While the city of West Bend and Washington County were appropriately responsive and cooperative, the West Bend School District and board members threw up multiple roadblocks including ignoring requests and imposing an unnecessary and exorbitant fees. As a private citizen, all one can do is sue the government at great personal expense or file a complaint with the district attorney or attorney general. Historically, neither agency has ever been aggressive in enforcing open records laws. Government looks out for government.
Second, all three governments are doing a poor job of retaining and making available public records to occur outside of government-provided technology. In our modern age, it is not uncommon for public officials to communicate with citizens, vendors, lobbyists, employees, and others through multiple digital channels including SMS, social media, and various chat technologies. In fact, this is becoming commonplace with the ubiquitousness of personal devices.
If those public officials are using those technologies, they are creating a public record that should be open to public scrutiny for a reasonable amount of time. Otherwise, it is far too easy for our government officials to conduct themselves as angels in their official email while hiding their corruption in their personal devices. Every government needs to take the proactive step to implement policies regarding the preservation and retention of public records irrespective of format.
Wisconsin has great laws regarding open records, but they are only as good as government officials are willing to obey and enforce them. We still have work to do to ensure that our government is open and accountable.