The Wisconsin Open Records Law and the Federal Freedom of Information Act are powerful tools for reporters and the general public who believe the government that serves them should be more transparent.
Just this month, journalists’ open records requests have provided valuable insight into the means, methods and motivations of some prominent Wisconsin lawmakers.
1) When veteran Democratic Lawmaker Marlin Schneider (D-Wisconsin Rapids) was pushing his bill to restrict public access to public court information, he sent a memo to his Capitol colleagues Dec. 23 seeking co-sponsors wherein he claimed (as he later would at a public hearing) that he had received “hundreds” of letters from innocent people who said their lives had been hurt by information appearing on the state’s Web site for court records. The Associated Press filed an open records request seeking copies of all the contacts Schneider had received and records showed that only 59 people had sent e-mails or letters to Schneider on the issue in the last three years. Worse yet for Representative Schneider, only 22 of those people complained that records on CCAP had hurt them even though their charges had been dismissed. Not hundreds.
2) After Assembly Speaker Mike Sheridan (D-Janesville) was caught up in a publicly embarassing intra-party squabble over his personal relationship with a female lobbyist, an open records request revealed information that showed how his consitutents and others communicated their opinion on the matter.
On the opoosite end of the spectrum are taxpayer-financed, time-wasting requests that serve as nothing more than free political opposition research fishing expeditions conducted at taxpayers’ expense. With these requests, one can draw more insight about the means, methods and motivations of the person making the request. Consider this recent request filed with the office of State Representative Leah Vukmir (R-Wauwatosa) by former One Wisconsin Now minion and current blogger Cory Liebmann:
Please be advised that I am requesting the following public records of Rep. Leah Vukmir’s office under the state’s open records law:
1. All email from 7/1/08 through 1/20/10 for Rep. Vukmir, Dean Cady and Matthew Adamczyk (only in his capacity working for Rep. Vukmir) that fit the following search words and names:
“Jim Sullivan”, “Sullivan”, “WPRI”, “Wisconsin Policy Research Institute”, “MacIver”, “Americans for Prosperity”, “AFP”, “Sykes”, “Belling”, “Wisconsin Manufacturers and Commerce”, “WMC”, “Grebe”, “Kohler”, “Bradley Foundation”, “Obama”, “Palin”, “McCain”, “ALEC”, “American Legislative Exchange Council”, “Republican”, “Democrat”, “GOP”, “Barrett”, “Scott Walker”, “Lawton”, “Healy”, “Jensen”, “Zignego”, “Walton”, “Wal-Mart”, “Sprenger”, “Wisconsin Right to Life”, “WRTL” , “Pro-Life Wisconsin”, “Tenth Amendment”, “Tea Party”, “Wisconsin Family Council”, “WFC”, “Wisconsin Family Action”, “WFA”, “Appling”, “Julaine”, “Milwaukee Police”, “Grothman”, “Ed Thompson”, “WVCY”, “global warming”, “marijuana”, “PRESS”, “Parents Raising Educational Standards in Schools”, “Rose Fernandez”, “Fraley”, “Mark Block”, “Dooley”, “Real Debate”, “Owen”, “Wigderson”, “McBride”, “Bucher”, “Boots and Sabers”, “Lightbourn”, “Sheehy”, “Koschnick”, “Memphis”, “Luber”, “Stitt”, “One Wisconsin Now”, “Citizen Action”.
2. All official calendar entries (including notes) for Rep. Vukmir and Dean Cady from 7/1/08 through 1/20/10 with known representatives or employees from any of the following entities and organizations:
Wisconsin Manufacturers and Commerce, Americans for Prosperity, MacIver Institute, Wisconsin Policy Research Institute, American Legislative Exchange Council, Wisconsin Right to Life, Pro-Life Wisconsin, Wisconsin Family Council, Wisconsin Family Action, Wisconsin Business Council, Milwaukee Journal Sentinel, Wisconsin State Journal, Metropolitan Milwaukee Association of Commerce, FreedomWorks, Bradley Foundation, Wisconsin Coalition of Virtual School Families, Parents Raising Educational Standards in Schools, School Choice Wisconsin, Milwaukee Police Association.
3. A listing of Rep. Vukmir’s use of sick, vacation and other paid leave while she has been in her current office.
4. A copy of any electronic files that have been compiled tracking media clips involving Rep. Vukmir during her time in her current office.
Vukmir’s office staff say they will comply with this request, even though a nonpartisan legislative attorney said the request could be denied for being too broad in scope.
Representative Vukmir is running for State Senate this fall, challenging Democrat Senator Jim Sullivan (D-Wauwatosa). It is clear from this request that the liberal special interest machine is ready to portray Vukmir as part of some grand conservative cabal. If only Mr. Liebmann had asked for the minutes of the latest Vast Right Wing Conspiracy Annual Meeting, he could have received all his research in one handy document.
As a constituent, and through my professional work, I would not be surprised if there are a few communications between me and the Representative. As I am sure there are reams of communications that mention “Democrat’ and “Republican.” I find it particularly amusing that Mr. Liebmann is so concerned about “Tenth Amendment.” Who knew that state’s rights would be so controversial?
As a rule, when I’ve filed such requests, they are much more narrow in scope and much easier with which to compy. As the liberal special interest groups begin to use the information obtained by requests like this, I hope Mr. Liebmann makes a tidy sum for the work done by state employees who complied with his fishing expedition/request.
Kudos to Representative Vukmir for fulfilling the request and for having nothing to fear from such transparency.
And finally, here’s hoping Mr. Liebmann doesn’t dent his tin foil hat when lugging all those documents out of the Capitol.
By Brian Fraley
A MacIver Perspective
Posted in mi perspectives | February 12, 2010 | | 12 Comments
The open records request that the Republican’s did to Sullivan was equally broad and also a “taxpayer-financed, time-wasting requests that serve as nothing more than free political opposition research fishing expeditions conducted at taxpayers’ expense.”
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How do you rate? Apparently MacIver has a close enough of a working relationship with Rep. Vukmir’s office that they told you about my open records request even before they have bothered to notify me that they have in fact received it.
So do I have to work on this open records request through MacIver now? If so, can you please restate to them what I put in my original request (which you “forgot” to include in your blog)? That they should advise me if there is any way that I could adjust the request so that it would be more manageable. Thanks for passing on the message!
Based on this item, I assume that MacIver will not be issuing any open records requests anytime soon. Good to know.
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Brian, it’s interesting that you’ve got the text of Cory’s request, considering Rep. Vukmir hasn’t bothered to respond to his request in the weeks since he made the request.
In the future, should we route all open records requests for Rep. Vukmir’s office through the MacIver Institute, care of you, or should we continue to send the requests to Rep. Vukmir’s office and then wait for you to blog about them?
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Has Liebmann received a response? When did he file it? Are you quoting the entire request, or have you selected only a portion? And why is Fraley being notified of Vukmir’s open records requests, and relaying them through McGuyver?
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Just for the record…about 45 minutes after I left the above comment, I did receive my first response from Rep. Vukmir’s office. Several of the items that I requested were records that they do not keep, so there was no work involved with those. As I said in my original request, if there was any way that I could have adjusted the more time consuming portions of my request to make it more manageable, I would have been more than willing to do it. I have not reviewed the records yet but I do sincerely appreciate their help in providing them. I just wish that they would have kept me, the requestor, more in the loop before sharing it with a third party org.
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From the looks of that request, it appears they already have a conclusion and just need the information for the narrative.
The assumption was there that Vukmir’s office communicated with conservative organizations – look at those search terms.
I’m shocked – shocked! – that conservatives talk to conservatives and attend conservative events! This is a scandal and thanks to intrepid bloggers like Cory, they are finally unmasked!
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Moreover, did I miss in the statutes where a preliminary response is required to be provided by the target of the request? It appears Vukmir’s office fulfilled the request and considering the length of the request, it may have taken some time to abide.
Liebmann’s offer to accommodate should have been considered when he crafted such a lengthy request – not during or after the request. If he was “concerned” over the delay in response, they perhaps he could have done a series of requests that were less onerous.
I hope he lets everyone know what his fishing expedition turns up and how much staff time was wasted complying.
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Since MacIver now seems to be doing parts of Vukmir’s job perhaps they should be subjected to open records laws as well.
The interesting part of this is crybaby whiny response from MacIver which seems to have some problem with people having the temerity to ask Vukir questions.
Guess what. Its part of her job. Sorry its so hard, following the law and all. However, the insight provided by Liebmann’s request is in Fraley’s answer. If the materials have not yet been viewed on what basis can he possibly characterize the contents of the documents?
And why is Fraley so confident there will be a giant number of documents? I guess he would know.
So once again the republican rule is that the law is for republicans and democrats who have the temerity to rely on them are just a bunch of weirdos getting in the way of some tax credit for golfers. Its transparent Fraley, and we can only wonder what you’re hiding.
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“So do I have to work on this open records request through MacIver now? If so, can you please restate to them what I put in my original request (which you “forgot” to include in your blog)? That they should advise me if there is any way that I could adjust the request so that it would be more manageable. Thanks for passing on the message!
Based on this item, I assume that MacIver will not be issuing any open records requests anytime soon. Good to know.”
Don’t know either of you or your websites, just hit a link on Wispolitics and read this. Have to say that the above response sounds like one of my teenage sons. petty. But then that is what one would expect from someone on a smear mission. Perhaps you should follow up on Mr. Sheridans conduct instead. Have a fine day.
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Cory is an opportunist, in this case fishing for information in an overt partisan manner. His bog site postings consistently wail of Republicans’ in his often misguided and convoluted partisan mumblings. He limits comments and removes posted comments that identify him for what he is.
Poor little Cory…
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[...] or blog isn't mentioned in the former One Wisconsin Now "researcher" and private investigator's open records request of State Assemblywoman Leah Vukmir's office. I mean, I don't interact or talk about Vukmir that much, though I am on friendly terms with them [...]
It’s nice to know that I’m still under the radar.
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