Scott Walker photo by Gage Skidmore

In 2015, Wisconsin advocates for open government faced a disquieting truth: If we want to preserve our state’s tradition of transparency and accountability, we must fight for it, against powerful players who will be fighting back.

The most egregious attack came on the cusp of the July 4 holiday weekend, when the Legislature’s Joint Finance Committee inserted provisions into the state budget to gut the state’s open records law. A tremendous backlash from across the political spectrum forced lawmakers to back down.

Just three weeks later, the attack’s main architect, Assembly Speaker Robin Vos, R-Rochester, ordered the drafting of a bill to exempt the Legislature from the records law, allowing all the secrecy it desires. That intent is apparently still alive.

And while some secrecy provisions were pulled from the budget, one sailed through, creating different rules for the University of Wisconsin System than for all other state agencies regarding the naming of finalists. Henceforth, the UW can pick athletic coaches and fill key academic positions without revealing which applicants were passed up.

Another blow came this fall, when Vos added a bill amendment late in the process to end the longstanding requirement that significant donors to political campaigns reveal where they work. The Legislature and Gov. Scott Walker, brushing off concerns that this will make it harder to track concerted special interest spending and even illegal activity, passed the bill into law.

Moreover, the Walker administration is embracing dubious interpretations of legal language to shield and even destroy records of public interest. It claims a “deliberative process” exemption that appears nowhere in state law lets it deny access to records of bill-drafting communications. A lawsuit over this practice is now playing out.

More recently, the administration has begun asserting that a new definition of “transitory records” approved by the state Public Records Board in August lets it destroy certain documents. This has happened at least twice, over records showing who has visited the governor’s executive residence and text messages between state officials and a private company that seems to have absconded with a state handout.

The Wisconsin Freedom of Information Council has asked the Dane County district attorney to prosecute the Public Records Board for violating the Open Meetings Law in changing its  definition of transitory record without flagging this on its meeting agenda. The board chair has since vowed to revisit the matter.

But Walker administration officials have refused to explain their use of this definition, which does not mention text messages or visitors logs. Elisabeth Winterhack, an attorney for the Department of Administration, and DOA spokesman Cullen Werwie have not responded to repeated requests for answers to simple questions, including whether the Walker administration is continuing to destroy records showing who visits the executive residence.

Meanwhile, the Wisconsin Center for Investigative Journalism has reported that two former high-ranking Walker administration officials say they were warned not to use official email accounts for important business, to avoid creating a paper trail. The administration denies it.

We are seeing, in words and action, the beginning of a culture of contempt for the public’s right to know, embedded deeply within state government. That should be of grave concern to every resident of the Wisconsin, as we prepare for future battles.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. Bill Lueders is the council’s president.

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Shame on WI..re electing this corporate Puppet.

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Robert Master of the Communications Workers of America and co-chair of the New York State Working Families Party...

Sometimes words are not enough.

By Wendell Berry

Manifesto: The Mad Farmer Liberation Front

Love the quick profit, the annual raise,
vacation with pay. Want more 
of everything ready made. Be afraid 
to know your neighbors and to die.
And you will have a window in your head.
Not even your future will be a mystery 
any more. Your mind will be punched in a card 
and shut away in a little drawer.
When they want you to buy something 
they will call you. When they want you
to die for profit they will let you know. 
So, friends, every day do something
that won’t compute. Love the Lord. 
Love the world. Work for nothing. 
Take all that you have and be poor.
Love someone who does not deserve it. 
Denounce the government and embrace 
the flag. Hope to live in that free 
republic for which it stands. 
Give your approval to all you cannot
understand. Praise ignorance, for what man 
has not encountered he has not destroyed.
Ask the questions that have no answers. 
Invest in the millennium. Plant sequoias.
Say that your main crop is the forest
that you did not plant,
that you will not live to harvest.


Say that the leaves are harvested 
when they have rotted into the mold.
Call that profit. Prophesy such returns.
Put your faith in the two inches of humus 
that will build under the trees
every thousand years.
Listen to carrion—put your ear
close, and hear the faint chattering
of the songs that are to come. 
Expect the end of the world. Laugh. 
Laughter is immeasurable. Be joyful
though you have considered all the facts. 
So long as women do not go cheap 
for power, please women more than men.
Ask yourself: Will this satisfy 
a woman satisfied to bear a child?
Will this disturb the sleep 
of a woman near to giving birth? 
Go with your love to the fields.
Lie easy in the shade. Rest your head 
in her lap. Swear allegiance 
to what is nighest your thoughts.
As soon as the generals and the politicos 
can predict the motions of your mind, 
lose it. Leave it as a sign 
to mark the false trail, the way 
you didn’t go. Be like the fox 
who makes more tracks than necessary, 
some in the wrong direction.
Practice resurrection.

Wendell Berry is a poet, farmer, and environmentalist in Kentucky. This poem, first published in 1973, is reprinted by permission of the author and appears in his “New Collected Poems” (Counterpoint).


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