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Wisconsin FORUM | 07/10/2015
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People Power Prevails: Wisconsin Records Still Open to the Public

By Brian Gumm

I grew up in Wisconsin and have always been proud of its long history of government integrity. A case in point is the state's open records law: passed in 1982, the law allows residents, public interest organizations, and members of the media to request just about any public record for just about any reason. While there are exemptions and restrictions, the state's commitment to open records, as well as open meetings and citizen involvement, is something I always took for granted.

Enter the Wisconsin Legislature's powerful Joint Finance Committee. Under the cover of darkness on the night of July 2, the committee voted along party lines to gut the state's open records law over the strenuous objections of several lawmakers. The provisions the committee jammed into the biennial budget bill would have made secret almost every communication and many other records related to state lawmakers, local policymakers, and other officials. This would have included drafts of bills and just about any information that legislators wanted to keep "private" under a new legal privilege.

Nonprofit organizations and reporters have long used such information to uncover undue industry influence on legislators and legislation. The timing seemed far from coincidental. In fact, the measures would have blocked access to many documents from Governor Scott Walker's administration. Given that the governor is set to launch his presidential bid on July 13, it seems pretty obvious that he would benefit directly from keeping documents related to his most controversial policy moves hidden from the press and the public.

Once reporters got wind of the move, some conservative legislators brushed the changes off as "innocuous" and "clarifications." This could have been the end of the story, but Wisconsinites are a scrappy bunch, and they believe in people power. As soon as they found out about the committee's shenanigans, residents of all political persuasions let their legislators know exactly what they thought of the attempt to weaken open government. Newspapers ran scathing editorials blasting legislative leaders for trying to spin greater secrecy as a good idea. And public interest organizations like the Wisconsin Freedom of Information Council stepped up and pushed back hard.

And...we won.

On Independence Day -- when Americans nationwide celebrate freedom, including the right to know what our government does through freedom of information laws -- the state's top Republican legislators and Governor Walker quickly reversed course and announced they would drop the measures from the budget bill.

A few lessons. First, when people join together and engage, they can make positive change happen. This truth is not limited to the state of Wisconsin.

Second, this constitutional republic of ours -- on the local, state, and federal levels -- only works when we pay attention and hold our elected and appointed officials accountable for their actions. Without citizen vigilance and action, we can lose important democratic tools -- like state open records laws.

Third, budget bills are no place for sweeping policy changes, good or bad. If Wisconsin lawmakers -- or legislators at any level of government -- want to amend key laws, they should do so in the open, with full and public debate and input from residents, advocates, and members of the media. And the changes they propose should always strengthen openness and the ability of Americans to work with their government officials on critical public priorities.

Nationwide, we still have work to do to ensure open, transparent, and effective government. It won't happen without ongoing civic education and citizen engagement. And I am proud to showcase the people's defense of the open records law in Wisconsin as a model for the nation.

Gumm grew up in Kohler, Wisconsin, and now serves as communications director at the Center for Effective Government. The Center is part of the OpenTheGovernment.org steering committee.

 
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