Just as Michigan’s new and improved Freedom of Information Act (FOIA) law kicks into effect this month, making it easier and less expensive for its citizens to discover what public officials are up to, their neighbors to the west were busy pondering the dismantlement of their own open records statutes by way of the budgetary process. Under the leadership of Gov. Walker, the Badger State legislature was poised to take a giant goose-step away from democracy.
Acting strictly along party lines, Wisconsin Republican lawmakers voted a budget amendment bill out of the Joint Finance Committee specifically designed to sharply curtail the public’s ability to monitor official communications at both the state and local level. The measure would have allowed legislation and public policy to be crafted in secret. The proposal ran the gamut — from the state house to local school boards, all would have enjoyed the luxury of closed doors and complete anonymity. As a further insult to the public interest, Republicans have refused to divulge who is behind the initiative and why they felt it was necessary. Walker however, remains a “person of interest” among media watchdogs.
In response to the proposed assault on transparency, the Society of Professional Journalists marshaled their “FOIA Soldiers” to unite, urging them to contact lawmakers about the measure. Last Friday they tweeted:
Conservatives too, were deeply critical of the bill, including Wisconsin’s Republican Attorney General, Brad Schimel, who had previously established a special office within his department specifically tasked with helping citizens obtain public records. Schimel told the Post Crescent:
“Transparency is the cornerstone of democracy and the provisions in the budget bill limiting access to public records move Wisconsin in the wrong direction.”
Republicans hold a lock on both houses of the Wisconsin legislature. That, coupled with the legendary self-puffery of Gov. Walker, whose systematic decimation of the public sector is renowned for its utter wickedness, led to at least a few days when it seemed pretty clear that transparency was no longer “a thing” in Wisconsin. Yet, after a firestorm of criticism, Walker and GOP leaders tiptoed-back their plan, issuing a succinct joint statement on July 4th:
After substantive discussion over the last day, we have agreed that the provisions relating to any changes in the state’s open records law will be removed from the budget in its entirety. We are steadfastly committed to open and accountable government. The intended policy goal of these changes was to provide a reasonable solution to protect constituents’ privacy and to encourage a deliberative process between elected officials and their staff in developing policy. It was never intended to inhibit transparent government in any way.
In order to allow for further debate on this issue outside of budget process, the Legislature will form a Legislative Council committee to more appropriately study it and allow for public discussion and input.
“Search for Truth” Under Attack in the Badger State
This isn’t the first time Wisconsin lawmakers have taken aim at transparency through budgetary shenanigans. As recently as 2013, an attempt was made to shut down the Wisconsin Center for Investigative Journalism by preventing them from operating under the aegis of the University of Wisconsin-Madison. Surprisingly, at that time, Walker vetoed the motion. But more recently he’s one-eightied, opting to double-down in opposition to the university’s dedication to public awareness.
With Walker about to wedge himself into the bulging clown car of Republican presidential hopefuls, WisconsinWatch.Org (website of the above-mentioned Wisconsin Center for Investigative Journalism, thanks again to the University of Wisconsin) wants to know whether he had a hand in crafting the proposal. A troubling prospect, given the recent FOIA request denials issued from his office and the Wisconsin Department of State. Litigation over the matter is pending. The Center for Media and Democracy filed suit in May this year over the denials. Additional litigation was brought forth that same month by Jud Lounsbury, a writer at The Progressive, along with his labor attorney wife, Katy. They filed suit to obtain records about an attempt traced back to Walker’s office to change the University of Wisconsin’s Mission Statement to exclude the words “search for truth.”