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6/27/2008
Still, governor's e-mails not accessible to citizens
It should be a pretty straightforward request. Your e-mails Governor, I’d like to see them. The law says (that bothersome old Freedom of Information Act, you know…) I have a right to see what’s going on in my government.
In honor of Sunshine Week, way back in mid-March, I told you about the letter I wrote the governor’s Deputy Counsel Mindy Dumermuth seeking e-mails sent and received from the governor’s office February 9 through February 12.
My letter was part of the Sunshine Blogger Project conducted by the not-for-profit Lucy Burns Instittues. Per Wisconsin’s own John Washburn, citizen, and pro-liberty volunteer without match, the purpose of the Sunshine Blogger Project is to determine which American governors have systems in place to allow ordinary citizens to obtain copies of e-mails sent to and from “our public servants.” As Washburn says:
E-mailed documents are considered to be a matter of public record in nearly every state. However, if ordinary citizens (or reporters) can’t actually get copies of those e-mails… well then, they are not really public records, are they?
Well, try as I might, I’ve still not been able to get my hands on e-mail one going in or out of Governor Doyle’s office.
Here’s the skinny, in a nutshell.
- February 15, mailed initial request for e-mails
- March 10, received response, telling me my request was not “reasonably limited as to subject matter or length of time, and therefore, is insufficient under Wis. State. §19.35(1)(h)."
- March 13, I responded, noting Ms. Dumermuth’s refusal to consider specific verbage of applicable state statutes and her misinterpretations of case law. Nevertheless, I further narrowed my request to include two days of e-mails instead of four.
Finally, June 6, I received a response from Ms. Dumermuth. This is a recording kind of thing.
As you know… our office… suggested that you resubmit a narrower request that included some subject matter limitation so that we could focus a search for specifically responsive documents, provide them to you in a timely manner, and avoid the costly and time-consuming review of the thousands of e-mails that would have been necessary to ensure that information legally protected from disclore was not propertly released.
…. In conducting a preliminary review of your request, we have estimated that your request covers approximately 4,500 e-mails sent or received by all Governor’s office staff, which, including interns, totals more than 80 individuals. In addition, we have consulted with technical staff at the [DOA]. DOA staff estimates that it will require over 80 hours to retrieve the message electronically and to create a CD of the information you are seeking.
Ok, ok. I get it. Nix. Nada. No respondo. My carefully researched and very sincere citizen’s request still isn’t specific enough and apparently is phenomenally burdensome to the system.
Truth be told and sad to say, this inaccessibility for citizens of the U.S. of A. isn’t an exception. Check it out. Bloggers around the country have learned, among many other things (!), that in some states, governors’ e-mails are exempt. Wow. That’s interesting stuff. And it absolutely isn’t the case in Wisconsin statutes. (Access to records is addressed in great detail in Subchapter II of Chapter 19 of the State Statutes. See specifically §19.35(1)(h))
So look at Tennessee. And Texas (cost for report, $217). These states have entered the 21st century, have a system in place to systematically and quickly sort and store e-mails and have them available for citizens of their great states. Imagine that.
We will carry on.
Jo Egelhoff, FoxPolitics.net
COMMENTS
I totally agree that the governor's emails should be made public. I assume you also feel the same about all the records that the Bush administration hides that relate to illegal spying on U.S. citizens, meeting with oil lobbyists to determine energy policy, violating the Geneva convention by torturing prisoners of war, etc.

Ron Peck (Fri Jun 27 10:00:18 2008)
Jo:
Maybe when you are elected to the assembly you will have more clout as to these requests. It's too bad that the media doesn't pick up on this especially during sunshine week. But good luck anyway and keep poking. Who knows what you will turn up. Mike

Mike Thomas (Fri Jun 27 10:28:49 2008)
I applaud the governor's office for the response your received to your open records request. Think of the burden on the taxpayer if these sorts of open-ended fishing expeditions were commonplace. And let's not kid ourselves - the governor's office would be deluged with such requests should they be honored. When you have a specific subject, recipient, or sender on which to focus, why not re-submit your request? And by the way, it amazes me that you would claim "no respondo" right under what is clearly a reasoned response to your records request, Jo.

Joanne Roush (Fri Jun 27 10:38:48 2008)
Because of the volume and (no doubt) chaff emails (ball scores, spam, other personal stuff) I can see how the request looks like a fishing expedition. Is there some reason why you did the request this way rather than request all of the governor's responses on an issue
like the Great Lakes Compact? Freedom of Information (FOIA) requests are highly specific.
Is this what's called a straw man? The instance where an individual says "See, I tested the law and they refused to comply" where the proof required is unreasonable.
On the other hand, in this Orwellian age I've gotten the distinct impression that
cliches like 'town hall meetings' for this or that are merely a formality and have no relation to policy. It's like a having a teacher or other authority figure very patiently listening to the complaints of pupils and knowing (rightly or wrongly) that there is no intention of complying or consideration.
Things like Freedom of Information Requests are part of the law. Would you want to test this in court? If not, why not?

Lon Ponschock (Fri Jun 27 10:44:06 2008)
Joanne, the law is very clear in what it allows citizens to request. No, this is not a fishing expedition; it's part of a very well-structured, nationwide project to shed "Sunshine" on government activities and to help educate all of us about the details of the Freedom of Information Act. Software has been widely available for several years that can handle the categorizing and archiving of e-mails for this very purpose - to allow citizens to access it in an efficient, low-cost, not labor intensive, and safe (i.e., not making available those documents protected by the statutes) manner. Other states have done and are doing it.

Jo E.
Lon makes the comment that the request is unreasonable because of "chaff emails" such as ball scores, personal stuff, & spam and then further says this is a "fishing expedition".
I disagree. While the project was specifically designed to see if a system were in pace to handle this type of request, I would say that the volume is the point. I don't want people who are working on MY DIME, emailing about ball scores, what kind of plans someone has for the weekend, or who might be pregnant (or any other inane personal email). Spam filters should be in place so spam would not apply and thus not be part of the search. Businesses have rules and policies about using doing personal business on company time, why not the government?

Des (Fri Jun 27 16:19:19 2008)
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