Wisconsin Supreme Court to Determine if Teacher's Private Emails Subject to Records Requests
From Sunshine Review
[edit] November 5, 2009
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Madison, Wisconsin On Tuesday, November 10, 2009 the Wisconsin Supreme Court will hear arguments in a case that could affect records requests for emails across the state. The case came about as a result of a records request in April of 2007 by Don Bubolz for all emails, both personal and professional, sent to and from five teachers from March 1 to April 13, 2007. [1]
Listen to the oral arguments live at Wisconsin Rapids Tribune, "Listen to WRPS State Supreme Court case live online Tuesday"
[edit] Associated case
The West Virginia Supreme Court on Thursday, November 11, 2009 ruled that the personal emails of Supreme Court judges were not public records and therefor not subject to public record requests. To read about the case see WVa Supreme Court Rules Personal Emails Not Subject to FOIA Requests
[edit] Oral arguments
Oral arguments for this case, heard on Tuesday, November 10, 2009, centered on Wisconsin Open Records Law statute 19:32(2)(2) which states that ""Record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use" [2]. The teachers union argued that the emails in question, despite being held by a public agency, were generated for personal use. The district felt that this interpretation was too broad, instead feeling that the exemption for personal use extended until the emails were sent to other individuals, thus removing their personal use nature. Justice Patience Roggensack seemed to go in line with this opinion when she questioned whether the statutory language implied a two part test for the exemption centering on the materials being both deliberative draft notes and for personal use. [3]
A number of organizations, including the Milwaukee Journal Sentinel and the Wisconsin Freedom of Information Council submitted amicus briefs arguing that the right to prevent the release of the records, established by Woznicki v. Erickson no longer applied in this instance because of the limitations placed on that law by the revision of the Wisconsin Open Records Law found in statute Statute 19:356. The court determined that they still held review because the law was designed to protect custodians and in ambiguous cases it was still best to notify the individuals so as to prevent lawsuits after the materials have been released.[3]
The court is not expected to deliver their final ruling for some time.
[edit] The request
Bubolz submitted the request after he observed that the teachers in question were exhibiting unprofessional conduct at local school board meetings. School Superintendent, Bob Crist, agreed to meet the request after removing all exempted student information. The teachers filed suit in Wood County Circuit Court in an attempt to protect personal emails submitted via the school accounts. The district court ruled in favor of the school board, permitting the release of the documents. The teachers hope to convince the Supreme Court that the Wisconsin Open Records Law only pertains to records relating to government business and not to personal emails sent using school computers and school email accounts.[1]
The Supreme Court will hold hearings on Tuesday, and a decision is not expected for a few months.
[edit] See also
[edit] External Links
- Wisconsin Rapids Tribune, "Top court to hear teacher e-mail dispute next week"
- Case details
- Case Analysis from the Wisconsin Bar
[edit] References
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- ↑ 1.0 1.1 Wisconsin Rapids Tribune, "Top court to hear teacher e-mail dispute next week"
- ↑ http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=19.32 Wisconsin Statutes]
- ↑ 3.0 3.1 Case Analysis from the Wisconsin Bar
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