The News: The Wisconsin Institute for Law & Liberty (WILL) released a new report called “Shining a Light: Enhancing Transparency and Accountability in Wisconsin’s Public Records Process.” The report highlights several actionable reforms that would enhance government transparency and make it easier for citizens to hold their government accountable. 

The Quote: WILL Policy Director, Kyle Koenen, stated, “Too often, citizens have to hire a lawyer just to hear back from their own government and that’s wrong. We believe holding government accountable starts with access to transparent information and records. These proposed reforms will bring greater access to open records and make it easier for members of the public to learn about what their government is doing on any given day.” 

The Report:  Our report outlines several key reforms for the legislature to implement that would improve Wisconsin’s public records process and enhance government transparency. We lay out the following policies:  

• Set Clear Response Times – Establish a firm 14-day deadline for agencies to respond to public records requests, with a maximum fulfillment period of 60 days. Requesters should also have the ability to seek legal relief if deadlines are not met. 
• Eliminate or Raise Location Fee Thresholds – Eliminate or significantly raise the $50 minimum threshold for record location fees, which has remained unchanged since 1981. Increasing this threshold to reflect inflation would lower financial barriers to accessing public records. 
• Restore Attorney Fee Recovery – Reverse the Wisconsin Supreme Court’s Friends of Frame Park decision, which made it more difficult for requesters to recover attorney fees when a government actor does not release records. Ensuring that requesters can recover legal costs will deter government agencies from delaying or obstructing records requests. 
• Increase Transparency of Public Records Requests – Government entities should maintain a publicly accessible log of pending records requests, while also reporting public records processing times. This will provide greater insight into backlogs and put pressure on government entities to respond to requests in a timely manner. 
• Improve Public Records Custodian Transparency – All public entities should designate a public records officer and prominently display their contact information on their website. Additionally, the Wisconsin Department of Justice should maintain a statewide directory of public records custodians that is regularly updated. 

Additional Background: This report was released in conjunction with Sunshine Week (March 16-22), an annual celebration of government transparency and the public’s right to know how their government operates. Coinciding with President James Madison’s birthday, a staunch advocate for open government, this week serves as an opportunity for organizations like the Wisconsin Institute for Law & Liberty (WILL) to highlight the importance of transparency and public records as important tools for holding government accountable. 

Legislative Action Pending: On Monday, Senator Van Wanggaard (R-Racine) and Representative Todd Novak (R-Dodgeville) introduced LRB-2241, legislation that would reverse the Wisconsin Supreme Court’s decision in the Friends of Frame Park case. A coalition of open government advocates, including the Wisconsin Institute for Law & Liberty, Americans for Prosperity – WI, Wisconsin Transparency Project, Wisconsin Freedom of Information Council, Wisconsin Newspaper Association, Wisconsin Broadcasters Association and IRG Action Fund, sent a memo to lawmakers in support of this legislation. A similar bill (2023 Senate Bill 117) passed the State Senate on a unanimous vote last session but failed to advance in the Assembly. 

Read more:

• “Shining a Light: Enhancing Transparency and Accountability in Wisconsin’s Public Records Process.”