Facing outcry, state board revokes decision to limit access to public records
MADISON -- Facing a major outcry, Wisconsin officials are again backtracking on a policy that limits access to public records.
The little-known state Public Records Board voted unanimously on Monday to revoke its August 2015 decision that allowed public officials to trash their text messages and other "transitory" records.
Nearly 1,900 people from around Wisconsin wrote and emailed board members, with some of them calling the board's initial decision "disgusting" and "horrendous." The frustration carried into Monday's meeting.
"I believe that any action that allows government officials to destroy public records is ill-advised and not within the legal purview of the Public Records Board," said Bill Lueders of the Wisconsin Freedom of Information Council.
One day after the board's August decision, Gov. Scott Walker's administration denied the Wisconsin State Journal's request for text messages related to a bad business loan from the Wisconsin Economic Development Corporation.
When the denial came to light, Lueders' organization threatened the Public Records Board with a lawsuit. In December, the board announced plans to reconsider its decision.
"While we do not question your intentions, the consequences have already been disastrous for open government in Wisconsin," said James Friedman, an attorney for the Wisconsin Newspapers Association and Wisconsin Broadcasters Association, referencing the Walker administration's denial of records.
After reversing course Monday, the board did not put new guidelines in place, instead reverting back to guidelines created in 2010. Board member Carl Buesing warned that the 2010 wording would open the state up to more "mischief" by public officials.
Board chairman Matthew Blessing acknowledged that there were "weaknesses" with the August 2015 guidelines. He said after the meeting that the board would have to revisit and settle the issue in the future.
The Public Records Board's decision is separate from a plan advanced by Republicans in the state Legislature last summer. After a firestorm of criticism from both sides, lawmakers backed away from plans to limit public access to many records of legislative activity.
Buesing criticized open government advocates and the media, blaming news reports for spreading "completely inaccurate" information about the board's actions.
Carl Buesing
"I’ve not been asked to carry the water for (Assembly Speaker) Robin Vos or anyone else," Buesing said. He said he has not spoken with Walker, despite his being appointed to the board three years ago by Walker.
Buesing is an attorney who is currently defending the Sheboygan Area School District in a case in which a judge has ruled the district violated the state's open meetings law.
When asked about the board's decision Monday, Walker said his administration would comply with the open records law. He did not acknowledge his office's denial of the State Journal's request for text messages.
During a 20-minute speech at the meeting, Buesing said he didn't think the Walker administration wasn't using the August 2015 board decision in its response to the State Journal inquiry.
That's not true, Lueders responded.
"They (board members) don't get it," Lueders said. "The public records board didn’t intend for this to happen and needs to tell these public officials, 'Knock it off.'