The Law reaffirms that the people have not only the opportunity but also the right to know what the government is doing and to monitor the government. ♤ rings Wisconsin's commitment to open, transparent government loud and clear in the Public Records Law. ♣ 2011AP1112 The circuit court concluded that the City was entitled to charge the Newspaper for "the actual costs of staff time to review and redact confidential information included within the responsive records."5 This court took the appeal Newspaper's petition to bypass the court of appeals. Justice Roggensack's concurring opinion is the majority opinion on the policy issue. the words "deleting" 4 and "redacting" All Justices agree to reverse the order of the circuit court and remand the cause to the circuit court, but Justices Prosser, Roggensack, Ziegler, and Gableman do not join this opinion. 59.001(3), and which provides services related to public health or safety to the county or municipality or a formally constituted subunit of any of the foregoing. 46.2895 any court of law the assembly or senate a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation a local exposition district under subch. Flynn (collectively referred to as the City). Cooper, Judge, granting the summary judgment motion of the defendants, the City of Milwaukee, the City of Milwaukee Police Department, and Milwaukee Chief of Police Edward A.
the actual, authority necessary, (including and staff direct time) of costs incurred deleting 2011AP1112 by the nondisclosable information included within the responsive records.3 We conclude that it may not.4 ♢ The Milwaukee Journal Sentinel and reporters Ben Poston and Gina Marie Barton (collectively referred to as the Newspaper) seek review of an order of the Circuit Court for Milwaukee County, Thomas R. 2 The word "authority" is defined in Wis. §§ 19.31-.39 (2009-10).1 The issue presented is whether an authority2 may impose a fee on a requester of a public record for 1 All subsequent references to the Wisconsin Statutes are to the 2009-10 version, unless otherwise indicated. Once again this court is asked to interpret the Wisconsin Public Records Law, Wis. ♡ Circuit Court for Milwaukee Reversed and cause remanded. APPEAL of an order of the County, Thomas R. Fremgen Clerk of Supreme Court Defendants-Respondents. City of Milwaukee, City of Milwaukee Police Department and Edward A. 2010CV15395) STATE OF WISCONSIN : IN SUPREME COURT Milwaukee Journal Sentinel, Ben Poston and Gina Marie Barton, Plaintiffs-Appellants, FILED v. The final version will appear in the bound volume of the official reports. 2 2012 WI 65 NOTICE This opinion is subject to further editing and modification. Van Hollen, attorney general, and the cause was argued by Carrie Benedon. brief was filed Municipalities for by Claire League of Silverman, Wisconsin An amicus curiae brief was filed by Carrie Benedon, assistant attorney general for Wisconsin Department of Justice, with whom on the brief was J.B. An League amicus of curiae Wisconsin Municipalities. Swank, Langley, assistant city city attorney, attorney, Milwaukee with oral argument by Melanie R. For the defendants-respondents there was a brief (in the court of appeals) Milwaukee and filed by Melanie R. Dreps and Godfrey & Kahn, Madison, and oral argument by Robert J. DISSENTED: NOT PARTICIPATING: ATTORNEYS: For the plaintiffs-appellants there were briefs (in the court of appeals) filed by Robert J. PROSSER, ZIEGLER and GABLEMAN, J.J., join concurrence. Cooper JUSTICES: CONCURRED: PROSSER, J., concurs (Opinion filed). ON BYPASS FROM THE COURT OF APEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: JApSOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Thomas R.
2012 WI 65 SUPREME COURT CASE NO.: COMPLETE TITLE: WISCONSIN OF 2011AP1112 Milwaukee Journal Sentinel, Ben Poston and Gina Marie Barton, Plaintiffs-Appellants, v.
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