A13 • MONDAY, FEBRUARY 4, 2013
OPINION
Madison Wisconsin State Journal 02/04/2013
“Wisconsin’s independent voice” State Journal Editorial Board
WILLIAM JOHNSTON • JOHN SMALLEY Copy Reduced to %d%%K. from originalPublisher to fit letter page
Editor SCOTT MILFRED Editorial page editor The views expressed in the editorials are shaped by the board, independent of news coverage decisions elsewhere in the newspaper.
OUR OPINION
New fees for records? No way M
emo to state Rep. Garey Bies, R-Sister Bay: Don’t mess with our state’s public records law. The law, outlined in Chapter 19.32 to 19.37 in state statutes, is among the best in the nation. And by best, we mean strong and clear and inescapably devoted to a free flow of public information. The public records law is a hallmark of good government, based on an unwavering expectation that citizens have a right to public information to the fullest extent possible. So, Rep. Bies, just leave Chapter 19.35 — the section devoted to access and fees for public records — alone. Bies has been circulating a bill that would change the law to allow record keepers to charge additional fees for time spent making redactions to documents. That’s a bad idea on a number of levels, not the least of which is that it flies in the face of the core premise of the law. Here’s an excerpt from Chapter 19.31, which is the declaration of policy for the law: “... it is declared to be the public
Proposal to charge for redaction time takes law in wrong direction. policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. “... To that end, ss. 19.32 to 19.37 shall be construed in every instance with a presumption of complete public access. ... The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.” Certainly, costs are associated with providing copies of public records, and we have no issue with that concept. If you want copies of a record, you need to pay for the cost of the copies. And we understand in certain cases, redactions to public records are necessary to protect sensitive personal information or for other reasons as specified in the law.
MIKE DeVRIES — The Capital Times
The “Forward” statue stands Tuesday on the state Capitol grounds in Madison. New fees for blacking out parts of public records would hurt Wisconsin’s strong tradition of open government.
But charging record requesters for the time it takes to make those redactions is a slippery slope toward restricting access. It would create a gray area in a law that for the most
part is crystal clear. Some have called it a tax on public information. And this is one tax Wisconsin citizens do not need or deserve.
Calling out insane idiocy
R
YOUR VIEWS Goldberg insults women in combat The insincerity of columnist Jonah Goldberg’s examination of American women in combat is manifested in the title “We’ve got the soldier girl blues.” Referring to military women as girls is demeaning and offensive in this context. And reducing the
SEND YOUR VIEWS Send your letter, 200 words or less, to wsjopine@madison.com or to Letters to the Editor, P.O. Box 8058, Madison, WI 53708. Please include your full name, address and phone number for verification.
My work frequently takes me to
ush Limbaugh thinks John Lewis should have been armed. “If a lot of African-Americans back in the ’60s had guns and the legal right to use them for selfdefense, you think they would have needed Selma?” he said recently on his radio show, referencing the 1965 voting rights campaign in which Lewis, now a congressman from Georgia, had his skull fractured by Alabama state LEONARD troopers on the Edmund Pettus PITTS JR. Bridge. “If John Lewis had had a gun, would he have been beat upside the head on the bridge?” Right. Because a shootout between protesters and state troopers would have done so much more to secure the right to vote. Incredibly, that’s not the stupidest thing anyone has said recently about the Civil Rights Movement. No, that distinction goes to one Larry Ward, who claimed in an appearance on CNN that Martin Luther King would have supported Ward’s call for a Gun Appreciation Day “if he were alive today.” In other words, the premiere American pacifist of the 20th century would be singing the praises of guns, except that he was shot in the face with one 45 years ago. Thus do social conservatives continue to rewrite cans are going to protect our beautithe inconvenient truths of African-American history, ful state? The evidence shouts an repurposing that tale of incandescent triumph and overwhelming no. inconsolable woe to make it useful within the crabbed — Larry Skupien, Mount Horeb corners of their failed and discredited dogma. This seems an especially appropriate moment to call them on it. Not simply because Friday was the first day of Governments must Black History Month, but because today is the centenary of a signal event within that history. stop foolish spending February 2013 2:55 pm / born 100 years ago. You Rosa7, Louise McCauley was Many American citizens are conknow her better by her married name — Rosa Parks, cerned about the recession, and hope the quiet, unassuming 42-year-old seamstress from
Waukesha Freeman - 2013/02/23 - A008 - copy resized to: 86% Property of Wisconsin News Tracker and members of the Wisconsin Newspaper Association
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nificant, if less noticed, a When it comes to Republicans, the most primal polit- bipartisan group in the Appleton 02/02/2013 House has also been working ical instinctPost-Crescent — self-preservaquietly on an immigration tion — has belatedly begun plan — “some of the hard to kick in. The last few
effect when the deal expires in March. Same for the prospect of a government shutdown later that month when existing funding ends.
$737 billion (including interest) in new revenue they coughed up in the cliff deal See MARCUS, Page B2
THE POST-CRESCENT’S OPINION
Thumbs Up and Down T
o the First Book-Fox Valley program, for winning a national competition with a prize of about 40,000 new books to give to kids. The program won the national First Book organization’s Truckload of Books Challenge, for signing up the most schools and programs that serve low-income students — 300 schools and programs. The books have already arrived and are being distributed to kids. Congratulations to First Book-Fox Valley for its efforts on behalf of our children.
T
o the Neenah Joint School District, for saving $750,000 on its health insurance costs. In devising its 2012-13 budget, the district offered employees and retirees $2,000 if they declined the district’s insurance plan. More than 100 people took the offer, twice as many as anticipated. With the district saving $11,400 for each person who declined the insurance — presumably they had other access to coverage — the extra people, along with other insurance adjustments, meant big savings for Neenah. Creative thinking paid off.
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o Green Bay Packers wide receiver Donald Driver, for a great contribution to the team and northeast Wisconsin. Driver, the Packers’ all-time leading receiver, announced he’ll retire next week after
Packers wide receiver Donald Driver waves to the crowd as he walks off the field after the Dec. 9 game against the Detroit Lions at Lambeau Field in Green Bay. GANNETT WISCONSIN MEDIA
14 seasons — all in Green Bay. But as big of an impact as Driver had on the field, he had an equal impact in our communities, lending his name, support and presence to numerous charitable causes. For that, he’ll be remembered as one of the all-time greats in franchise history.
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o a proposed bill in the state Legislature that would allow governments to charge people seeking public records for the cost of the time spent redacting information from those records. The proposal, authored by Rep. Garey Bies, R-Sister Bay, stems from a state Supreme Court ruling that the city of Milwaukee couldn’t charge the Milwaukee Journal Sentinel for the
time it spent redacting information from about 750 police reports the newspaper sought. The city had attempted to charge $4,000 for the redaction costs. Public records are public records and if a government thinks it needs to delete information it considers confidential from them, that’s their responsibility. It’s also part of their job — one a records requester shouldn’t have to pay for. Governments already use exemptions and fees that are a part of the state’s public records law too broadly in an attempt to discourage people from getting records they want — and have a right to get. This truly is a tax on the public that’s seeking information that should be open. It’s wrong — and we urge Bies’ fellow legislators to reject it as an affront to the open government Wisconsin is supposed to have.
SILVER PEN LETTER
Gun-control measures don’t make sense February 7, 2013 2:47 pm /
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Janesville Gazette 02/06/2013
OPINION
6A Wednesday, February 6, 2013
Copy Reduced to %d%% from original to fit letter page
OUR VIEWS
Redaction fees would limit open records State Rep. Garey Bies, R-Sister Bay, has set a noon Friday deadline for fellow lawmakers to join him in sponsoring legislation that would allow records keepers to charge for time needed to delete sensitive information from documents. Here’s hoping no one lines up behind Bies. The proposal comes on the heels of last year’s state Supreme Court ruling that barred records custodians from charging requesters for such redaction expenses. The decision stemmed from a dispute involving how the Milwaukee Police Department classified crime data. The Milwaukee Journal Sentinel sued after the department demanded $4,000 to cover time it spent deleting, from hundreds of incident reports, information that state law deems confidential. State law does permit records keepers to charge fees for locating, reproducing and mailing documents to requesters. Most requests can be handled quickly and without much staff time or expense. Others, however, involve hundreds of records and can require much time and money. Why, argues Bies, should fisWhere to write cally challenged Wisconsin Senate local governments • Tim Cullen, 15th District, Room 108 South, be forced to pass state Capitol, P.O. Box 7882, Madison, WI 53707-7882; phone 608-266-2253; email along these costs Sen.Cullen@legis.wisconsin.gov to taxpayers? • Neal Kedzie, 11th District, Room 313 South, state Capitol, P.O. Box 7882, Madison, WI You might 53707-7882; phone 608-266-2635; email Sen.Kedzie@legis.wisconsin.gov think his argument makes sense. Besides, it’s not just journalists who are permitted to demand, see and scrutinize public records. That gadfly neighbor of yours, the one who hates the town board chairman and the school board president and who has an ax to grind with most Where to write every government decision, is within Wisconsin Assembly Representatives in the Wisconsin Assembly from his rights to deSouthern Wisconsin may be reached at these mand records, Tyler August, 32nd District, P.O. Box 8952, Madison, WI 53708; 608-266-1190; too. Why, you email might reason, Rep.August@legis.wisconsin.gov. Andy Jorgensen, 43rd District, P.O. Box should taxpayers 8952, Madison, WI 53708; pick up the costs 888-534-0043; email of his fishing exRep.Jorgensen@legis.wisconsin.gov. Deb Kolste, 44th District, P.O. Box 8952, peditions? Madison, WI 53708; 888-947-0044; Here’s the flip email Rep.Kolste@legis.wisconsin.gov. side. Too often, Amy Loudenbeck, 31st District, P.O. Box our public ser8952, Madison, WI 53708; 888-529-0031; email vants are relucRep.Loudenbeck@legis.wisconsin.gov. tant to hand over Stephen Nass, 33rd District, P.O. Box 8953, Madison, WI 53708; 888-529-0033; records that help email Rep.Nass@legis.wisconsin.gov. us gauge how well Janis Ringhand, 45th District, P.O. Box they’re doing 8953, Madison, WI 53708; 888-534-0045; email their jobs. We’re Rep.Ringhand@legis.wisconsin.gov. paying their Messages for state representatives also may be phoned in to the Legislative Hotline: 1-800salaries and bene362-9472. fits to create and keep those records on file, yet they frequently resist requests to see them. If you think that’s exaggerating, consider how The Gazette recently had to make repeated formal requests and involve attorney services to get the Milton School District to give up records related to its handling of the paid leave of its superintendent. Should Bies’ proposal become law, government officials could throw an arbitrary and enormous fee for a lawyer’s redaction services at a journalist or citizen, squashing the interest and keeping the information hidden. Only when we can see police records do we know that our justice system is handling criminal cases fairly. Only when we can scrutinize related documents can we know that a deal a town or city struck with a developer used tax dollars wisely. Government operates best in the light of day. Wisconsin has one of the strongest open records laws in the nation, and it should stay that way. Call your legislators today and encourage them to ignore Bies’ plan. Then hope his proposal sinks in the dark depths of that vast body of water off Sister Bay, the one known as Green Bay.
Sidney H. Bliss, Publisher Howard F. Bliss, 1883-1919 Harry H. Bliss, 1919-1937 Sidney H. Bliss, 1937-1969 Robert W. Bliss, 1937-1992
OTHER VIEWS
Obama playing shell game with contraceptive mandate WASHINGTON gious rights are held by individuals, The Obama administration’s latest not only by nonprofit religious institurevision of its contraceptive policy was tions. This law requires government to welcomed by some religious people as use the “least restrictive means” to a breakthrough, even a “miracle.” Upon pursue compelling interests at odds reflection, it seems less like the parting with religious belief. Balancing these of the Red Sea than a parlor trick. considerations can be difficult, particuAt issue is whether Obamacare’s larly in a business setting, but the adbroad mandate of insurance coverage ministration isn’t even attempting it. for contraceptives, sterilization and It is a valid public health goal to abortifacients should apply to institupromote the broad availability of contions with moral objections. For more traception. But is a nearly universal than a year, the admandate, imposed under threat of ministration has heavy fines, really the least restrictive struggled to clarify a method to achieve this objective? The set of regulations, administration has chosen to promote while provoking 44 lecontraceptive access in the most heavygal challenges. handed way, then define the tightest To the administraexemptions it can get away with. tion’s credit, it has Now it is establishing a pattern of now abandoned one announcing revisions that include few particularly provocasubstantive concessions. This strategy MICHAEL tive definition of reliis clearly motivated by the courts, GERSON gious institutions that which have pressed for clarification on excluded organizaimplementation of the mandate. Retions that employ and cent changes seem narrowly tailored to serve nonmembers. In better withstand judicial scrutiny— fact, many religious institutions serve without shifting the policy itself. Cosnonmembers precisely because their metic concessions also have the benefit faith requires generosity to outsiders. of dividing opposition to the mandate, But the outlines of the mandate reproviding cover for those in search of main essentially the same, offering dif- fig leaves. ferent levels of religious liberty to But President Obama’s policy does churches and ministries. An exemption not strike me as cynical. Disturbing, from the mandate still doesn’t reach but not cynical. The administration much beyond the doors of has never shown a partica house of worship—covIt is a valid public health ularly high regard for inering only churches, assostitutional religious libergoal to promote the ciations of churches and ty. Obama’s Justice Dereligious orders. partment, in last year’s broad availability of The accommodation Hosanna-Tabor case, arcontraception. But is a gued that there should be for religious charities, colleges and hospitals is efnearly universal mandate, no “ministerial exception” fectively unchanged from at all—a contention the imposed under threat of Supreme Court labeled the last version. While these institutions aren’t “amazing.” In this case, heavy fines, really the required to pay directly the administration views least restrictive method access to contraception as for contraceptive coverage, they are forced to to achieve this objective? an individual right to be provide insurance that inguaranteed by the govcludes such coverage. It is ernment, and institutiona shell game useful only for those who al religious rights as an obstacle and want to deceive themselves. inconvenience. But the First Amendment, it is worth remembering, was “The religious institutions are required by the government to give their designed as an obstacle and inconvenience to the government. workers an insurer,” says Yuval Levin All this is evidence of a deeper deof the Ethics and Public Policy Center, bate. Liberalism, back to John Locke, “and that insurer is required by the has understood religion to be a fundagovernment to give those workers mentally private matter. It has a diffiabortive and contraceptive coverage, cult time understanding the existence but somehow these religious employof loyalties outside the law, and often ers are supposed to imagine that they’re not giving their workers access views them as dangerous (unless the demands of faith are harmless and picto abortive and contraceptive coverturesque, like the Amish). age.” But this is not the way many reliThe administration has still made no attempt to deal with the hard cases. gious people understand religion. They view it as the grounding for a vision of Is it right to impose the mandate on a justice, and the source of standards for for-profit religious publisher? On a nonreligious pro-life organization or a a community of believers. It has been part of the American Catholic TV station? On a familyowned business with a highly religious miracle to balance individual rights with institutional religious freedom—a owner? difficult task for which the Obama adReligious liberty protections are ministration shows little appetite. So broader for religious institutions than they are for businesses, consistent with now it falls to the courts. Michael Gerson is a columnist for the First Amendment and the Civil Rights Act of 1964. But under the Reli- the Washington Post Writers Group; email michaelgerson@washpost.com. gious Freedom Restoration Act, reli-
167 years of community service. . . since 1845 February 6, 2013 9:29 pm /
Scott W. Angus, Editor sangus@gazettextra.com Sid Schwartz, Local News Editor sschwartz@gazettextra.com
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The Jane itor. Letters ited to 250 tem.They m
The County Line
Page 12
Backtalk
By Karen Parker | County Line Editor
I
t was so quiet around the office in January that I almost didn’t mind when the phone rang last week and the caller unleashed a string of profanities. I was starting to think that each week’s newspaper had plunged into a black hole, but here was resounding proof that, yes, indeed, someone was actually reading the latest edition of the County Line. The caller was furious at being named in a relatively minor police matter and, oddly enough, didn’t even bother to ask for anyone in charge. All of that invective might well have been wasted on the janitor. If we had one. I never got a chance to answer back; once the caller ran out of four-letter words, the phone was abruptly slammed down. As a side note, maybe we need to change our terminology. In this age of cell phones, can anyone actually “slam” down a phone? But I digress. Had I been given an opportunity to respond, I probably would have said something flip like, “When my children were growing up, I always told them that if they ran afoul of the law, they would be on the front page, so, what makes you think you’re so special?” But that implies a certain amount of vindictiveness that really is not present. It’s hard to be vindictive against someone we don’t even know, and that’s usually the case. Come to think about it, a vindictive newspaper would chase down the caller and file charges for obscene calls. Then again, how much time do I want to spend standing waiting for our county’s already over-burdened legal system to take action? I actually have a great deal of sympathy for those who find the error of their ways enshrined in newsprint — it is embarrassing. In some cases, charges may be proven false, and it certainly is true that crime makes the front page, but proof of innocence may be relegated to the back pages, somewhere near the golf scores or the ads for used cars.
So why do we do it? You might not have thought about this, but the press is the only commercial enterprise protected by the United States Constitution. Steelmakers, mining, grocery stores, airlines, you name it: No other business endeavor is so protected that any complaint against them is likely to be settled in court, often all of the way to the Supreme Court. In plain terms, we can get by with just about anything as long as it is based on truth. Not that it is always true. Did you drive drunk? The law says you did, and your name is in the paper. You may plead guilty and cough up the fine, or you may fight it in court and win your case. That is part of the process in a system that has worked quite well for more than 200 years. So why should I care that my neighbor was ticketed for drunk driving? It’s none of my business. Really? You may care if you happen to be the one riding to work with him or her. If sexual abuse is occurring down the street, you may not want to take your children there to be babysat. Is there a drug house in town? Why would you not want to know that? If you pay taxes and assume that buys you protection from crime, then you may want to know that the police are in action and not down at the convenience store, sloshing down coffee and eating doughnuts. You should want to know that the justice system is operating efficiently and correctly, because you or someone you love may someday be the one in handcuffs. Not long ago, one of my readers jumped me over a story about a local bank in trouble with the FDIC. “Why would you print that? You could hurt their business!” No. The bank hurt its own business. Our job is to tell the public so that those transacting business with that institution can take action to protect their interests if they wish to do so. If 10 people drop dead after eating the shrimp scampi at a restaurant you frequent, wouldn’t you think you have a right to know? The gun lobby loves to argue that anything that restricts the right to own firearms is the beginning of tyranny. Really?
February 14, 2013 Could any citizen or group of citizens stand up to the firepower of a truly tyrannical government? Who is ready to take on a Sherman tank or the 101st Airborne? Tyranny begins when a free press ends. Just try writing an editorial critical of government policy in China and see how long it takes to end up in chains. The tug of war between the people’s right to know and the government’s drive to hide information is a battle that never ends. We are fortunate to have laws that plainly favor openness and the right of the press and citizens to access information. But that hardly prevents those forces from obscuring and hiding information. Meetings are closed with questionable justification, high fees are charged to obtain records, and sometimes public officials just plain lie. Shocking, I know. Last year the Wisconsin Supreme Court came down firmly on the side of the Milwaukee Journal Sentinel regarding charges imposed by the Milwaukee Police Department for redacting information from crime records. Although the agency is within its rights to remove certain sensitive information, they chose to charge newspapers and the public outrageous costs for redaction. That is absurd in view of the fact that taxpayers pay to gather and maintain the information in the first place. Although the Milwaukee newspaper has deep pockets, the average citizen does not and is often deterred from seeking information due to the high costs. Chief Justice Shirley Abrahamson wrote for the court majority that imposing high fees on record requesters has the effect of limiting access to public documents, which flies in the face of Wisconsin’s open records law. The press plays a vital role in keeping the public informed, and an informed public is the key to a healthy democracy. But with newspapers struggling financially and broadcast media in the hands of corporate America, there is real danger that the public will become increasingly less informed. That may spell fewer irate phone calls to the news desk, but in the end, all citizens will be the big losers.
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pick up your ballot and vote. But if you need one more reason to want to protect Paul Michaelis, Post-Crescent 02/20/2013 Appleton same-day voting registration
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Darboy
e rules: Leave your first and last names names, please), community of residence me phone number. Calls can be edited for arity. You have one minute to leave your ease, no lost-and-found messages and messages topical, not personal.
THE POST-CRESCENT’S OPINION REDACTING OPEN RECORDS IS PART OF GOVERNMENT’S JOB
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million or more. assistance. to do — it would cost that The GAB’s cost estimate Meanwhile, the Wisconsin much money for state agenshould put an end to the Municipal Clerks Associacies that would get added Copy Reduced to %d%% from original to fit letter page push. tion wants to keep same-day responsibilities.
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our tax dollars pay for the records your government keeps. Your tax dollars pay for the people who work on the documents. In fact, most of the records belong to you. That’s why Assembly Bill 26 is an affront to the concept of public access to government records and must be defeated. The bill’s nine sponsors want to put a financial barrier between you and the information you’re entitled by law to see. The bill would alter the public records law by allowing municipalities or agencies to charge you for the time it
takes to redact certain information. But here’s the thing — you’d be paying twice for the information because it’s already public employees’ legal responsibility to do this work. It would be like your town collecting property taxes for snow plowing, then charging you a fee to have the truck actually come down your street. It’s flat-out wrong for your lawmakers to do this. Yes, the bill would cost news organizations more to access the records we reSee EDITORIAL, Page A10
COMMENTARY
ABOUT ASSEMBLY BILL 26 The bill reads: “Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for the actual, necessary, and direct cost of deleting, redacting, or separating information that is not subject to disclosure from a record.” It was introduced by Reps. Gary Bies, Joan Ballweg, Ed Brooks, Chris Kapenga, Tom Larson, Michael Schraa, Gary Tauchen, Paul Tittl and Josh Zepnick. It was referred to the Committee on Government Operations and State Licensing.
February 21, 2013 9:27 pm /
So-called right-towork laws are being Appleton Post-Crescent 02/20/2013 adopted in several states, which cut benefits worked for by dwindling unions for the real mid-
Editorial
Continued from Page A9
quest. But we’re requesting them on your behalf in our government watchdog role. The bill stems from confusion in state Supreme Court cases. The Osborn v. the Board of Regents ruling in 2002 says, “We have also noted that the university is entitled to charge a fee for the actual, necessary and direct cost of complying with these open records requests.” But in the Milwaukee Journal Sentinel v. City of Milwaukee case in 2012, the court ruled that public agencies can’t impose
The bottom line has superceded the welfare of the workforce. Human beings have been reduced to a vast faceless multitude whose individual
employers should be ashamed for treating workers as disposable. Meanwhile, the unemployment rate remains high and benefits are due
those fees. The ruling states, “If the legislature had wanted to allow an authority to impose fees for a broad range of tasks, or if it had wanted to include the task of redaction as a task for which fees may be imposed, it would have said so. It did not.” Wisconsin’s public records law is clear, and it must not change: “Providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility it is to provide such information.” This bill is a slap in the face to the concept of open government.
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Bill would make public records pricier By JASON STEIN and PATRICK MARLEY jstein@journalsentinel.com
Madison — Government agencies could once again attempt to charge hundreds — even thousands — of dollars to release public records about how police deal with and report on crime, under a draft bill in the Assembly. The bill also would allow agencies to extend those charges to other areas, such as records on taxpayer subsidies to businesses. The proposal seeks to undo a unanimous state Supreme Court ruling last summer that found the City of Milwaukee could not charge the Journal Sentinel for the time its employees spent de-
Agencies could charge for deleting confidential details
leting from public records some information they considered confidential. The lawsuit stemmed from a 2010 open records request based on a Journal Sentinel attempt to audit two weeks of incident reports for offenses such as assault, burglary and theft. The department, which had already produced copies of 100 incident reports for free, switched gears and told the news organization the additional 750 reports would cost about $4,000 and would take police more than nine months to
produce. While the lawsuit was moving through the courts, the news organization asked for much larger crime data files from the state Justice Department and the Milwaukee County district attorney’s office. Both agencies provided those records quickly and at minimal cost. Ultimately, the Journal Sentinel reported that police had misreported thousands of violent assaults, rapes, robberies and burglaries as less serious offenses, and failed to correct the problems
or publicly disclose them. A consultant hired by the Fire and Police commission largely confirmed the findings. The consultant, who for months publicly backed Police Chief Edward Flynn and his department’s handling of the flawed crime figures, said he found no evidence of conspiracy to alter the numbers. The sponsor of the draft bill is Rep. Garey Bies, chairman of the Assembly Corrections Committee and a former chief sheriff’s deputy in Door County. Bies said he hadn’t talked with the depart-
ment or its police officers union about the bill. He said he wrote it after learning of the Supreme Court decision and talking to local officials in his district, who were concerned about being saddled with unexpected costs. “I don’t want to see the taxpayer stuck with a bill from someone who’s maybe on a hunting expedition,” he said. He said that most redactions should cost little or nothing, and that if newspapers are seeking records that cost thousands of dollars to redact, they must be makingbroadsearches.AskedspecifiPlease see PUBLIC, 3B
Referendum delay planned
In The Moment
Sanfelippo will give supervisors time to act first By STEVE SCHULTZE sschultze@journalsentinel.com
The author of a draft bill to hold an April 2 binding referendum on slashing the pay of Milwaukee County supervisors said Friday he has agreed to up to a year’s delay on that vote to give supervisors a chance to enact their own reforms. State Rep. Joe Sanfelippo (R-West Allis) said in an interview that he’ll still introduce a bill in about a week that will call for a later referendum and likely include a major cut in the County Board’s budget. He wants the Assembly to act on the measure soon but would consider recommending amendments to the state Senate if the County Board enacts its own reforms that RICK WOOD / RWOOD@JOURNALSENTINEL.COM
Lori Krueger (left) uses a scarf to enhance her movement during a belly dancing rehearsal. To see more photos, go to jsonline.com/photos.
Moving bellies to a different beat Troupe’s organizer finds culture, art in dance By BILL GLAUBER bglauber@journalsentinel.com
O
n a cold winter night, the women rush into the warmth of a dance studio, pulling off their boots and bulky coats and tying hip scarves around their leotards. By day, they’re pharmacy techs, a sales rep, a publicist, a nurse midwife, a psychotherapist, a dental hygienist and a college student. But on this night, for two hours, they are
A JOU SENT WATC UPDA
work and an understanding of the culture and the music to dance well.” Christensen is a petite dynamo who goes by the stage name of Samantha Fairuz. Born and raised in Milwaukee, she’s a married mom with a 6-year-old son. Christensen runs the Safar Dance Company. The company performs at events around the area, and its soloists can often be seen dancing on Friday nights at Casablanca restaurant on Brady St. A graduate of the Milwaukee Institute of Art & Design, Christensen has been captivated by belly dancing
In The Moment is a feature of the Journal Sentinel devoted to the people, places and character of our communities.
he considers adequa Sanfelippo, a former supervisor. “I’m usi old trust-but-verify proach,” Sanfelippo “I’m proceeding with but in a way that wil time for (supervisors some things on their o “If don’t do state’s do it.” He s would h partisa port fo measur Sanfelippo Sanfe in his month as a legislato made county reform priority. His draft bil for an April referend cutting supervisors’ p to$15,000ayearandel ing their health and p benefits. It also would ly cut the board’s $6.5 annual budget to $1.1
Please see COU
Walker says he pla to boost school aid
Governor addresses district officials at state convention By ERIN RICHARDS erichards@journalsentinel.com
Striking a congenial tone that contrasted with some of the bitter fights in Wisconsin education and politics over the past two years, Gov. Scott Walker told hundreds of disFebruary 5, 2013 10:08 pm / trict officials and school board members Friday he intends to increase aid for
likely be part of his sta get proposal schedu delivery on Feb. 20. “One of the things looking to do is put ad al resources into pub cation over the ne years of this budget, in ety of ways,” Walker t crowd at the Hilton M kee City Center Hotel The governor rei his support for crea pool of incentive gran would reward high-pe ing or high-growth s as well as a pool of fun
Milwaukee Journal Sentinel 01/26/2013
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Saturday, January 26, 2013
3B
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lay. The City of Milwaukee argued that taxpayers should not have to pay for the costs of blacking out the confidential information so it could not be read. The Supreme Court ruled unanimously in favor of the newspaper, but four of the juscally about the costs charged tices signed a separate concurto the Journal Sentinel for the rence that discussed the policy Milwaukee police records, implications of the ruling and Bies said the newspaper “may- said the proper place to adbe should have been keeping dress those concerns was the track of that to start with.” Legislature. Justice Patience Bies said that he had not Roggensack wrote that the rulchecked with legislative lead- ing would likely result in taxers about whether they backed payers being required to pay his idea and that he expected for redacting information or difficulty in getting it to the public records requests going floor. unmet because a government Bill Lueders, president of body lacks necessary personthe Wisconsin Freedom of In- nel. formation Council, said that The Milwaukee Police Dein the past government offi- partment had no one available cials have abused to comment on the the fees that are al- Previous stories proposal Friday aflowed under the law. ternoon. A spokesHe predicted more online woman for Milwauwould do so if the To read the Journal kee Mayor Tom BarLegislature provid- Sentinel stories on rett also had no impolice misreporting ed another avenue mediate comment. of crimes, go to for charging fees. Assembly Minori“We consider it a jsonline.com/ ty Leader Peter Bartax on the public’s crimedata ca (D-Kenosha) said right to know. Pubhe was not familiar lic officials are already paid to with the bill. do their jobs,” Lueders said. “My first reaction is not pos“Why should they get paid ex- itive,” he said. “Obviously, tra when they get paid to do you have to balance costs, but I this job already?” think the public should have a Existing state law allows re- right to expect records withcords custodians to charge for out being overly burdened by the costs of locating, copying excessive expense.” and mailing records but does The Journal Sentinel’s atnot allow them to charge for torney in the lawsuit, Robert the cost of redacting informa- Dreps, said it would be easy for tion. The Bies bill would allow public officials to manipulate government officials to im- the standard for charging pose fees for the “actual, neces- costscontainedintheBiesbill. sary, and direct cost of delet- Dreps, who routinely handles ing, redacting or separating open records cases for a variinformation” from public doc- ety of clients, said that he’s uments or electronic files. seen past cases of public offiPublic records cover every- cials using inflated charges to thing from data on crime to in- try to keep records under formation on government wraps. spending, public officials’ sal“This bill would invite more aries, subsidies to companies, of the same, only worse,” and water and air quality. Dreps said. “That’s just an unThey are used by private busi- workable standard.” nesses and nonprofits as well Dreps further said that alas journalists, ordinary citi- lowing government agencies zens and public officials them- to charge for redacting reselves. cords takes away their incenThe Journal Sentinel law- tive to use databases, which suit asked a judge to order the should make searches easy department to allow the news and inexpensive — and allow organization to inspect and for confidential information copy the records without pre- to be easily withdrawn from a payment of fees for redaction database before it is made puband without unreasonable de- lic.
PUBLIC
Records costs could grow
RICK WOOD / RWOOD@JOURNALSENTINEL.COM
ancing routine that they will perform for
a two-piece costume and executing unating moves of her torso. It was exhilarating and scary,” she says. huge rush of adrenaline being in front of ple, like giving a speech, but you don’t e to talk.” esides the music and the movement, umes are the other key ingredient in y dancing. The outfits cost anywhere m $400 to $1,000, she says, depending on quality of the fabric and the intricate mbination of beads and sequins. There’s a fine line being sensual and ropriate, and not appropriate,” she says he sensuality exhibited during the dance. hrough the years, Christensen has ned several styles of dancing. The Egypn style, she says, “is contained, controlled very subtle, maybe coquettish, sweet endearing.” The Turkish style is bigger, grittier and a e more sensual,” she says. With her troupe, she mixes and matches es, with a dash of American-style showSometimes, she takes inspiration from movies, especially Busby Berkeley muss. ut what she enjoys, most, she says, is to erve the growth of the dancers. The students come in and lose their ibitions,” she says. “It’s awesome to see.”
he board n its own. ers have would be nfelippo’s e referenallot. na Alexconservaty Board th Sanfesaid she an oppor-
form. She emphasized that the approach should be broader than just supervisor pay and encompass a wide array of efficiency moves. “It’s going to take some time to have a quality discussion and to base it on the facts,” Dimitrijevic said. Abele said it was great some supervisors realized “the train has left the station, this (reform) is going to hap-
We Buy Pens
February 5, 2013 10:01 pm /
New Richmond News 02/07/2013
n dropped off at the New Richmond News office n mailed to 127 S. Knowles Ave., New Richmond, 54017-1726 n emailed to nrneditor@rivertowns.net n Check our website: www.rivertowns.net
Viewpoints
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Our View
This potential bill is simply wrong for state There are many components to making a successful democracy. High on the list is public scrutiny of government activities.
We are concerned — as every citizen should be — about a draft bill that may soon be considered by the Wisconsin Assembly. The bill was introduced by Rep. Garey Bies (RSister Bay) and it essentially would allow government agencies to charge for time spent deleting confidential information from documents. Known as “redacting,” the process allows government agencies to blacken out names, or other information, that should not be viewed by the public, and/or the media. There are several problems surrounding the process of allowing agencies to charge for this service. First, it goes against a State Supreme Court ruling that prohibits charging redaction expenses from those who solicit information from the government. The court case involved a records request made by the Milwaukee Journal Sentinel for information involving the Milwaukee Police Department and how it classified crime data. The Journal Sentinel filed suit when the MPD demanded a $4,000 fee for redaction services. The case went to the Wisconsin Supreme Court. It ruled that under Wisconsin’s open-records laws, custodians could only charge for reproducing, photographing, locating and mailing records. In the Journal Sentinel case, the newspaper found that police had misreported thousands of violent crimes, failed to correct the problems and failed to disclose them. Those findings were later confirmed by a consultant hired by the city, but only after the newspaper released its findings. Openness benefits all citizens, not just the media. That brings up a second point — cost of redactions. All records in Wisconsin are presumed open unless there is a specific statutory exemption. Generally the number of records requiring redaction for confidential reasons is minimal. As taxpayers, we have already paid for government documents — we pay the salaries and the benefits of the person who created them. It is not out of line to expect that public officials spend some of their time responding to requests from the public. As they say — it’s their job. Thirdly, if redaction fees are allowed, every citizen should be concerned about the potential cost — not in money, but in information. A change in the law could make it easy for custodians (government) to charge exorbitant fees to make it difficult for those seeking public records. At what point does the requestor (the public) get discouraged and simply walk away? There are many components to making a successful democracy. High on the list is public scrutiny of government activities. It is almost essential in a system of checks and balances. We continually see examples where government is at its best when it is done in the open for all to see and analyze. Secrecy is the breeding grounds for corruption, crookedness, fraud and malfeasance. Changing the law, and jeopardizing open records, would be too high of a price to pay; the change would surely go against the openness that is a trademark of Wisconsin.
Letter to the Editor
Letters to the Editor
Cannot believe w To the Editor: Just a note to say thank you to all the wonderful volunteers in Baldwin who put on The Red Cedar Special Olympics Basketball Tournament. I hope everyone who worked the tournament was able to witness all the great things that happened on this day. First and foremost, our athletes were given an opportunity to compete after many weeks of hard practice. Secondly, a lot of people were able to see the abilities that these athletes put on display and have a new found
respect for people with cognitive disabilities. Both of those things are great, but there is more to the story. The compassion and energy I saw from the volunteers was like no other tournament we have been involved in. I can hardly begin to list all the acts of kindness I saw from volunteers young and old. Let me add a few things that I saw and I hope it does it justice. I saw volunteers shadow teams all day to make sure every detail was covered. I saw volunteers engage ath-
letes, who strangers in a your heart me I saw cheerl pictures with cherish the mo saw referees and teach rul letes. I saw pare sions pack lu athletes at Gre did not have snowy weathe teers asking a graph their T-s were Aaron R We all hear welcome and
Social Security facts need To the Editor: Every week I read the letters section and truly look forward to those written by George Richard. The wealth of disinformation he spews is truly entertaining. Last week’s letter about the world’s greatest Ponzi scheme, also known as Social Security, had me shaking my head in awe. Let’s talk reality here Mr. Richard. First of all, the Federal Insurance Contributions Act was not set up as a savings account. It was set up more as an “insurance policy” to pay out to those who beat the odds and actually lived to see age 65, seeing as life expectancy at the time was 58 for males and 62 for females, relatively few made it. (In reality, in my opinion, the program was meant as a slush fund for politicians from the very
beginning.) Two, we do not “contribute” to the fund. A contribution is voluntary. FICA taxes are confiscated at the pain of prison if we don’t pay. Third, employers do not “pay half” of FICA taxes. The employee pays the entire tax as they do workers comp, unemployment, and all other taxes and fees that are part of an employee’s compensation package, that was purposely set up that way to hide the true cost of the program from the employee and to make the “low information” employee think he was “sticking it to the man.” Now let’s move on to his claim that the “the system works,” yes, just like any Ponzi scheme. It works very well in the beginning when many marks are having their wages confiscated for the
system. In 19 159 workers f ciary, now th workers to ea This is not sus Mr. Richard the system w has never mis Granted that i any Ponzi sc coming to an e mates say tha paying out mo lects within fiv The progra have to rely o fund” to make ence. This brings Richards a $2,700,000, plus. Can he this money is l cannot becaus exist. That “su ing more tha paper promisi ers in the fut
February 11, 2013 3:50 pm / honest poli Where have To the Editor: How do you count back-
Constitution to protect the rights of others. If you can’t
ance premium increase, the
Viroqua Vernon County Broadcaster 02/07/2013
“The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account.” —Walter Lip
O PINION
Assembly bill goes too far; citizens shouldn’t be taxed for public records Citizens should not have to pay a tax to obtain information from public officials. Yet that is exactly what a draft bill in the Wisconsin Assembly would propose by allowing government agencies to charge for time spent deleting confidential information from documents. Rep. Garey Bies, R-Sister Bay, wants to undo a state Supreme Court ruling last year that prohibited records custodians from charging requesters for redaction expenses. That settled a lawsuit from a 2010 opens records request made by the Milwaukee Journal Sentinel which asked for reports as part of an investigation of the Milwaukee Police Department and how it classified crime data. The newspaper sued after the police department demanded $4,000 to cover redaction time after it had already provided 100 copies of reports for free. The case went to the Supreme Court, which ruled that Wisconsin’s open records law allows custodians to charge only for reproducing, photographing, locating and mailing records. We must remember that all records in Wisconsin are presumed open unless there is a specific statutory exemption. The number of records that would require redaction for confidential reasons is limited. Bies and bill supporters argue that taxpayers should not bear the costs of redaction. But there is no indication that complying with requests creates widespread undue burden or expense. It is reasonable that public officials should spend some of their time being held accountable to the public. It’s part of their job. In the Journal Sentinel case, the newspaper found that police had misreported thousands of violent crimes, failed to correct the problems and failed to disclose them. Those findings were later confirmed by a consultant hired by the city, but only after the newspaper released its findings. It is through the open records law that the La Crosse Tribune obtained documents that showed that the city of La Crosse has
spent $1.3 million in outside legal fees over the past three years, much to the chagrin of some city leaders. Examinations and scrutiny of public documents is a crucial part of d e m o c ra c y ’s system of checks and balances. Government by Chris Hardie, serves its citiPublisher zens best when it is done in the open, for all to see. Openness and access is for all citizens, not just journalists. Our concern — and something all Wisconsin citizens should be concerned about — is that the change in law would make it very convenient for custodians to throw an outrageous redaction fee as a roadblock to release public records. It would be far too easy under the law change for public officials who don’t want records released to say that a highly-paid attorney must review the records for redactions — even if they’re not required — and quote a ridiculous charge, hoping that the requester will simply go away. Sadly, it’s not uncommon that our requests for public documents are ignored, delayed or challenged under existing law. This redaction change would only add another layer of unnecessary obstruction. We — that’s all of the taxpayers in Wisconsin — have already paid for that document because we paid the salaries and the benefits of the person who created it. Changing the law as proposed would be high price to pay for our right to know and certainly not the spirit of openness our state is known for.
From the Publisher’s desk
Letters to the ed President Obam following att
Letter to the editor: This is what I would have were president of the United America, on Sept. 12, 2012 — th the American diplomatic m Benghazi, Libya, was attacke four Americans dead. My first action would be to c schedule for the foreseeable find out exactly what happene person to interview would be m of state. If he or she did no answers or were unable to get reasonable period of time, say would terminate their employm What actually happened o was the president went to La raise money for his presidential The secretary of state disap about four months and fina pretty soft interview, admitte did not know what happened importantly, she said she didn mattered. This was speci response to Sen. Ron John Wisconsin) question. They sent out Susan Rice career by giving obvious misi
Pew Center gives Wisconsin high marks for its eff Wisconsin’s elections ranked first in the nation
election officials.” Full details of the study,
high-performing state. DataFebruary for the study came 11, 2013 3:52 pm / from public reports and They include: consistently
i t
Editorial Board Stevens Point Journal 02/06/2013
Mike Reduced Beck, General Copy to Manager %d%% from original to fit letter page Linda Taylor, Managing Editor
OUR VIEW
Don’t allow new limits on open government
W
e pay close attention to the state’s open records laws because we take our watchdog role seriously. Stevens Point Journal Media makes many records requests each year, both for major reporting projects and smaller, more routine reports. But the power to request records is not the province of the news media. It’s a power that’s open to any citizen — as it must be, to help secure open and honest government at every level. That power is, again, under threat. State Rep. Garey Bies, R-Sister Bay, is circulating a bill that would allow government officials to charge new fees to citizens who make records requests. Like most threats to open government, this bill’s restrictions are cloaked in what might seem like harmless exceptions. Its purpose would be to allow governments to charge for the redaction of confidential information. What’s the harm? We already accept that the law makes some information private — individual Social Security numbers, for example. It must take some staff time to redact them. Surely some fee is reasonable. It’s an argument that falls apart on closer examination. First of all, it’s important to understand that fees — sometimes quite expensive fees — are already part of open records requests. Fees for locating, reproducing and shipping records currently apply. They can add up, and we would argue that they already can serve to discourage records requests by the public. The new law would pile additional fees on top of what already exists. Second, while “redaction” sounds like an official term — invoking, perhaps, top-secret CIA documents — in practice this is usually a choice made by the records custodian, not a legal requirement. In other words, under this law the government official with the power to decide what to censor also would have the power to run up costs for the records. And this points to the last major flaw in the bill, which is that a person requesting records from the government has no way to control the efficiency of the public office’s record-keeping, nor of its redaction procedures. Under a law that allowed governments to extract fees based on the more time it took to retrieve records, the most outdated and inefficient systems would end up being the most profitable. The incentive, in other words, would be for governments to have lousy systems for retrieving records, and to take an extra-long time to fulfill anyone’s request. That’s not open, transparent government. Bies’ bill is apparently a response to a 2012 state Supreme Court decision that found current law does not permit governments to charge these types of fees. That decision was a significant victory for open government. Let’s not allow our legislators to take us backward.
HOW TO CONTACT FEDERAL OFFICIALS President Barack Obama: 1600 Pennsylvania Ave., Washington DC 20500, www.whitehouse.gov/contact U.S. Sen. Ron Johnson: 2 Russell Courtyard, Washington DC 20510, 202-224-5323
OPEN LETTERS Why have school during snowstorm? As a parent of a small child, I was rather puzzled why the Stevens Point School District decided that during a winter storm warning issued by the National Weather Service (on Jan. 30), it was important enough to endanger our children and the staff of the schools and keep the schools open. My daughter is 7, and does not miss much school unless she is very sick. I am also not one of those people that “hate” driving when there is a little bit of snow. But the logic behind keeping school in session during a storm defies me. When they issue this warning, the snow is coming and we are getting it. There wasn’t a “chance of snow.” There wasn’t an “advisory, it was a winter storm warning. So it was more important to send our children to school in weather that was far from safe for what reason? I really feel that the school district really needs to assess their priorities. They need to build in snow days and they need to real-
ize that we do live in Wisconsin — we will have days where the weather is so bad that we can’t have school. If the forecast had merely called for snow that would have been one thing. But the National Weather Service — that watches the weather for the nation — implements a winter storm warning. That means a winter storm is coming so be prepared. But now we will deal with waiting for our children to (hopefully) get off the bus safely without a mechanical malfunction or an accident. I think I am safe in saying that the superintendent doesn’t have a child in the schools here. He might have thought differently about sending his child out in this sort of weather. Pam Swope Stevens Point
Skyward snub will hurt economy On Friday evening, after most offices were closed and everyone’s eyes were turned to the weekend and football, the Wisconsin Department of Administration announced that they’re outsourcing the state’s student information
system to a Minnes company rather t hire Stevens Po based Skyward I one of our state’s sh ing success stories more than 30 years Here’s the backs ry: since 1981, S ward has made s ware used by scho large and small, manage everyth from grades and tr scripts to health r ords and payroll. Last year, Wisc sin passed a law quiring all of our p lic schools use just system. Until t point, under a f economy mark more than 50 perc of Wisconsin scho chose Skyward their provider. now, Gov. Walker state Superintend Tony Evers are tell the company: do y business elsewhe This short-sighted cision is a devastati tragic blow not only the economy and co munity of Stev Point but to the st itself. All of Wiscons public schools, ready financially b dened, will be quired to scrap S ward in favor of us the other softwa The state will und write the implemen tion, meaning taxp
‘60 Minutes’ missed opp
I
n the days of the late Mike Wallace, “60 Minutes” was known for hard-hitting, aggressive journalism that asked the questions viewers wanted answered and held the powerful accountable. The Jan. 27 program eign policy successes. He on which Steve Kroft mentioned Egypt and interviewed President said, “ ... had it not been Barack Obama (at his for the leadership we request, no less) and showed, you might have outgoing Secretary of seen a different outcome State Hillary Clinton fell there.” far short of that high Kroft should have standard. It was the kind followed up with: “Differof softball toss you might ent from Mohamed Morhave expected if Oprah si, Egypt’s president and Winfrey or Barbara WalMuslim Brotherhood ters had conducted the proponent, who agrees interview. with the Koran that Jews The president said of ‘ ... are descendants of Clinton, “ ... a lot of the apes and pigs’”? February 6, 2013 2:13 pm / successes we’ve had Kroft brought up the internationally have been 2008 presidential cambecause of her hard paign during which Clin-
CAL THOMAS
though the president maintained that wind down two wars, keep pressure on terrorist and “dismantling” alQaida’s core leadersh constituted success. Kroft could have countered with: “Terr ism appears not to be about leaders, but fol ers of an ideology. Is y policy simply to keep killing terrorists? Do think you can kill the all?” Kroft mentioned t terrorist attack on th U.S. mission in Bengh Libya and properly called it “ ... the bigge diplomatic disaster o this administration,” the question he put to Clinton was limp: “Do you blame yourself th you didn’t know or th you should have know