BACKGROUND:
In December of 2021, the parent of a New Berlin West High School student filed a lawsuit against District Superintendent Joe Garza. The lawsuit alleged Garza violated Wisconsin Open Records Law – Wis. Stats. § 19.35(1) and § 19.37(1) by refusing to provide an open records request made by the parent unless the parent remitted payment of fees in excess of those allowed by state statute.
According to information from the Wisconsin Department of Justice’s Office of Open Government: It is imperative that (governmental bodies) recognize that transparency is the cornerstone of democracy and that citizens cannot hold elected officials accountable in a representative government unless government is performed in the open…. ….Wisconsin’s open government laws promote democracy by ensuring that all state, regional and local governments conduct their business with transparency. Wisconsin citizens have a right to know how their government is spending their tax dollars and exercising the powers granted by the people.
OPEN RECORDS A HOT ISSUE:
The practice of public/governmental entities using excessive fees to discourage citizens from making and obtaining government records is something local news media investigated in the Spring of 2021. See news report: https://www.fox6now.com/news/so-you-want-information-about-your-childs-school-got-500
THE SETTLEMENT:
The School District of New Berlin settled the lawsuit this past week. Under the terms of the settlement, The District will provide the requested records at no cost and pay $1,500 for the parent’s attorney costs and lawsuit filing fees.
WHAT RECORDS WERE REQUESTED:
The parent of a New Berlin West High School Student, who has/had 2 daughters in the girls basketball program, requested electronic copies of the “end of season parent/athlete surveys” for the years their daughters participated. Athletic Director Jordan Napoli collected these surveys after every season. Superintendent Joe Garza sought to charge the parent $140 to “locate” the records. Superintendent Garza claimed it took AD Napoli 2.5 hours to “process” the request.
WISCONSIN OPEN RECORDS LAW:
Wisconsin Open Records law only allows an governmental entity to charge a requester for a few specific fees including copy and transcription fees, photography reproduction fees, locating costs, and mailing and shipping fees. See open records compliance guide here:
https://www.doj.state.wi.us/sites/default/files/office-open-government/Resources/PRL-GUIDE.pdf
Regarding “locating” costs, the compliance guide details:
Location costs. Costs associated with locating records may be charged if they total $50.00 or more. “Locating” a record means to find it by searching, examining, or experimenting. Subsequent review and redaction of the record are separate processes, not included in location of the record, for which a requester may not be charged. Only actual, necessary, and direct location costs are permitted.
Generally, the rate for an actual, necessary, and direct charge for staff time should be based on the pay rate of the lowest paid employee capable of performing the task.
An authority has discretion to provide requested records for free or at a reduced charge.
OPEN RECORDS = ACCOUNTABILITY:
Open and transparent government is crucial if we are to preserve our “free” country. The New Berlin Taxpayers Alliance tagline: “Freedom and Accountability Starts Locally”. If you would like assistance/advice on open records from any local government entity (school district, city government, county government) please be welcome to reach out to NBTA at newberlintaxpayers@gmail.com
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