In the post immediately below this one, I commented on a story in the Janesville Gazette on that paper’s four tries to get a response to a public records request. (See, After four requests, Gazette gets open records.)
I seldom comment on Rock County events, but the Wisconsin Public Records Law is an important safeguard of open government for all Wisconsin’s citizens.
In the story, the Gazette reports that Rock County Corporation Counsel Jeff Kuglitsch maintains that he complied with the Wisconsin Public Records Law.
It’s easy for a public employee, in defense of his own actions, to contend that he did what he was supposed to do.
One often hears public officials insist they did the right thing; one less often sees them issue a clear and compelling interpretation of the law supporting their conduct. How often does one watch a public meeting, and hear what passes for an opinion on the law, and think: wasn’t that a lot of mumbled nonsense?
So, in situations like this, how ’bout an attorney’s opinion letter, explaining the legal justification for holding the requested records so long, and despite three prior requests?
I am quite sure that corporation counsel can maintain that he acted appropriately – can he justify as much in a thorough opinion letter?
I have been opposed consistently to those holding public office but seeking confidentiality or silence regarding records, litigation, or meetings.
Here’s a challenge – I invite Attorney Kuglitsch to publish an opinion letter on the matter, justifying the county’s position. He can take as long as he wants, and post it on the Rock County website, for everyone in Wisconsin to see.
That way, by posting publicly, citizens can judge the strength of a city or county position for themselves. Counties are not private entities; they should be transparent in the reasoning underlying their actions. Those citizens collectively, after all, are the source legitimate political authority.
There’s a place for those employees who don’t want the transparency of governance that public office requires.
It’s called the private sector.