A while back, I wrote about the Open Records request and how on one of them the City or Mayor McCue was stonewalling or just plain ignoring the request and Wisconsin’s Attorney General J.B. Van Hollen was sent a letter detailing such disregard to the law.

I was sent a copy of a letter dated September 9th explaining that the “Custodian of Records – City of Cudahy” Mayor Ryan McCue claimed to never have received the request dated June 26, 2008.

Here is the scanned document.

I should give Mayor McCue an apology for this claim of stonewalling since if he didn’t receive it and someone else in the City government failed in doing their job than the blame belongs somewhere else. 

I think we should all know who failed at doing their job.  That way we can place the proper blame where it belongs!

I wonder what the process is at City Hall once the request has been given.  Maybe the City needs to review that process and make corrective changes.  Understand that things fall through the cracks, but this is a matter for law.

Open records law section 19.31-19.39 –

The Law says:

A response is mandatory, while it is not required to be in writing, you can request a written response

The Attorney General has opined that 10 working days is generally a reasonable period of time to respond to a request.

That requests for public records should be given a high priority.

Arbitrary or capricious delays or denials without sufficient cause or reasons can cost the custodian punitive damages up to $1,000 dollars.

If your request is in writing, then it is incumbent upon the custodian to provide a denial or partial denial in writing.

A custodian must provide specific reasons for the denial.

The purpose of the written denial is to restrain custodians from simply denying access to records.  It also gives the requestor notice of reasons for denial and allows the requestor to re-draft another request or prepare a legal challenge.

Maybe disabled Cudahy Firefighter Dennis LeDoux needs to contact Wisconsin’s Attorney General J.B. Van Hollen since he has not been able to get his open records request fulfilled!

While open record requests for public information is new to Cudahy and the City Hall people, it is not a new thing in most cities.  I had the chance to meet a few fellow bloggers recently and many of them do them all the time.  While there is a link on the city website, it is not easily found. 

So here it is: http://www.ci.cudahy.wi.us/CityDepartments/Clerk/RecordsRequest.html

I am also told that many times in years past the form might not have been used and if you requested something, the city would just give it to you without filling it out.

In Cudahy, the people doing the open requests are looked bad upon and chastised, they should be applauded.  A few people do not want things to be looked into.  Why is what you must ask yourself?  The city should not be making filling the request hard as it is give just about the highest priority.

What has been requested you might ask?

For one is email.  I was told that the city wants to charge $175 an hour to pull the emails together.  Talking to my counterparts, that cost is way too much, just as Orville Seymer of CRG has stated as well. 

I was told Orville showed the City of Cudahy how the data is to be collected and transferred to a CD.  I listed below a few links of a fellow blogger who has done an open records request for email and included a recall blog she did.

Attorney Brad Hoeschen, who represents Sportsites, said an open records request was submitted to Eberhardy, requesting to inspect city e-mails.  http://www.cudahynow.com/watch/?watch=28&date=12/10/2008&id=48849

Folks we need to get used to these open record requests because from here on out, I do think people running for Mayor or any elected position will be doing them.  I know I would be.  I would check emails, phone records, gift contributions, text messages and the likes.  This is called “Data Mining” and is not a witch-hunt.  Once more it is not a fishing expedition for engaging in a witch-hunt but a legal process to make information and the government more transparent and honest!

Again, while many people think open record requests are a bad thing and waste money, it is quite the opposite.  It is a tool to make sure the city public servants are honest.  It is a check and balance system.  It is something that will be used from now on.  It is something the city of Cudahy needs to just accept and live with.  The public is no longer going to sit back and be in the dark. 

Some things are online and it is nice to over look whom people are connected to or where money goes.

Campaign Finance Report

http://www.ci.madison.wi.us/election/candidateResources/campaignFinance/2005/WIPEOPLE1.pdf

City of Franklin blogger open record requests.  Notice how detailed they are.  I have been asked to place up the records that has already been done for Cudahy like the Credit Card statements, work calendar, and phone number dump.

http://blogs.franklinnow.com/in_the_race/archive/2008/01/04/final-emails-record-request-04-07.aspx

http://blogs.franklinnow.com/in_the_race/archive/2008/01/03/communications-grade-quot-f-quot-email-50-51.aspx#comments

Recall

http://blogs.franklinnow.com/in_the_race/archive/2008/01/01/update-school-board-members-recall-petition.aspx#comments

Side Notes - During the summer, for those who did not know that deputy clerk / confidential secretary Judy Masarak quit, I would like to thank her for her service and helping me in the past.

The city brought back Carolyn Thoms-Neary as director of office services. 

Referendum wouldn't do what it promises

Citizens should have the opportunity to answer honest questions of public policy via referendum.  However, those who sell the proposed sales tax increase referendum as a property tax relief measure are bald-faced liars.

In 1911, Wisconsin imposed an income tax for the express purpose of property tax relief.  In 1962, a 3% sales tax on luxury goods was initiated to relieve rising property taxes.  In 1969, the sales tax expanded to include most other goods and the rate rose to 4%.  In 1982, the rate rose again to 5%.  In 1987, the lottery was sold as a tool to relieve property taxes.  In 1992, Milwaukee County added a 0.5% sales tax to relieve property taxes.  In every instance, property taxes continued to climb.

Referendum backers insult the intelligence of taxpayers.  Any sales tax increase only will clear room for the property tax to continue growing.  The Taxpayer Bill of Rights would have eliminated this dishonest tax shell game.  However, these same tax increase advocates worked against allowing TABOR to go to referendum, despite overwhelming public support.  That makes them not only liars, but hypocrites.

Funny how only tax increase proposals seem worthy to be put to the voters.

Chris Kliesmet

Executive administrator

Citizens for Responsible Government Network (CRG)

Milwaukee