Appeals court: Wisconsin cities violated records laws
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MADISON, Wis. -- Three southeastern Wisconsin
municipalities violated the state's open records law by handing off requests for
property assessment databases to the contractors who compiled them, a state
appeals court ruled Wednesday.
Sussex, Thiensville and Port Washington control their contractors'
records and can't escape that duty by shuffling it off to others, the 2nd
District Court of Appeals said.
"Simply because Sussex, Thiensville and Port Washington have contracted
out the collection and maintenance of the assessment information does not mean
that they have relieved themselves of their responsibilities," the court said.
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The decision sends a clear message to government entities that they can't
"play games" with record requests, said Jennifer Peterson, an attorney who filed
briefs in the case on behalf of the Wisconsin Newspaper Association and the
Wisconsin Freedom of Information Council.
"They can no longer say, 'Go talk to our contractor who we hired to do
this,"' Peterson said. "They are responsible for ensuring the public has access
to their records, including records of their independent contractors."