{"id":11005,"date":"2024-06-04T15:18:28","date_gmt":"2024-06-04T15:18:28","guid":{"rendered":"https:\/\/wifamily.news\/?p=11005"},"modified":"2024-06-04T16:08:52","modified_gmt":"2024-06-04T16:08:52","slug":"will-irg-motion-for-summary-judgment-in-sos-public-records-case","status":"publish","type":"post","link":"https:\/\/wifamily.news\/?p=11005","title":{"rendered":"WILL, IRG Motion for Summary Judgment in SOS Public Records Case"},"content":{"rendered":"

This post originally appeared at https:\/\/will-law.org\/will-irg-motion-for-summary-judgment-in-sos-public-records-case\/<\/a><\/p>\n

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The News<\/strong>: Today, the Institute for Reforming Government (IRG), represented by attorneys at the Wisconsin Institute for Law & Liberty (WILL), filed for summary judgment in a public records lawsuit against Wisconsin Secretary of State, Sarah Godlewski. Secretary Godlewski did not respond to a public records request for 189 days. Her delay was unlawful. Only after WILL acted and filed this lawsuit on IRG\u2019s behalf did Secretary Godlewski produce records. Those records show that the Secretary of State\u2019s Office has been using personal e-mail accounts to conduct official state business. IRG is entitled to damages.<\/p>\n

The Quotes<\/strong>: IRG Chief Legal Counsel & Director of Oversight, Jake Curtis, stated, \u201cOver a year ago, IRG\u2019s Center for Investigative Oversight submitted a simple request for public records regarding the unusual circumstances behind former Secretary of State Doug La Follette\u2019s retirement and the appointment of current Secretary of State Sarah Godlewski. It is unacceptable how the Evers Administration ignored this public records request for months and we are grateful that WILL has represented us in this matter.\u201d<\/p>\n

WILL Associate Counsel, Skylar Croy, added, \u201cThe public records statutes ensure transparency and openness in government. When state officials use personal e-mail accounts to conduct state business, those records must be turned over upon request as soon as practicable and without delay. Requesters cannot be left hanging for months or years wondering when their request will be fulfilled. This filing seeks to remedy these wrongs.\u201d<\/p>\n

Additional Background:<\/strong> In March 2023, IRG submitted a public records request to the Secretary of State\u2019s office\u2014seeking records of communications between Governor Tony Evers, former Secretary of State Doug La Follette, and current Secretary of State Godlewski. Despite numerous requests for updates, the request remained unfulfilled for months. At one point, the Secretary of State\u2019s office responded that they were gathering records and would follow up \u201csoon.\u201d<\/p>\n

After months went by, WILL filed a lawsuit on behalf of IRG. In subsequent media coverage, Secretary Godlewski blasted IRG in the media for requesting supposedly non-existent records\u2014a point she never communicated to IRG in the several months prior.<\/p>\n

A month later, Secretary Godlewski claimed in an email to IRG that she had no responsive records. She also claimed that an earlier response to IRG\u2019s public records request was not required by law because she purportedly had no records.<\/p>\n

Even though Secretary Godlewski claimed to have no responsive records, she produced emails between herself and Secretary La Follette. These emails were sent and received on personal e-mail accounts, including \u201cSOSDoug@hotmail.com.\u201d The two discussed official state business, including hiring public employees and the state budget.<\/p>\n

WILL is asking the Court to declare that any emails on such private accounts are still public records when they\u2019re used to conduct government business and that the Secretary of State\u2019s \u201cno response needed\u201d policy is unlawful. WILL further asked the Court to award attorney fees and damages, including punitive damages because the delay was arbitrary and capricious under Wis. Stat. 19.37(3). A decision is \u201carbitrary and capricious\u201d if \u201cit lacks a rational basis or results from an unconsidered, willful and irrational choice of conduct.\u201d We believe Secretary Godlewski\u2019s behavior falls under that category.<\/p>\n

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