(The Center Square) – Wisconsin’s secretary of state is promising to include private email accounts that are used for state business in any future open records requests.
Secretary of State Sarah Godlewski agreed to settle the lawsuit from the Wisconsin Institute for Law and Liberty, and the Institute for Reforming Government that focused on IRG’s request for emails from last year.
The institute asked for any emails related to Godlewski’s appointment as secretary of state after former Secretary of State Doug La Follette stepped down after the 2022 election.
Godlewski initially ignored the request for 189 days, and said she didn’t have to respond because she didn’t have any “responsive records.”
Godlewski had some emails from a private account that LaFollette used. She eventually turned them over.
“The public records statutes ensure transparency and openness in government,” WILL lawyer Lucas Veber said in a statement. “State agencies cannot refuse to respond to public records requesters indefinitely, even if they determine no records are responsive to a request. Further, where state business is being conducted on non-state email accounts, those accounts must be searched for public records. This agreement ensures state law will be followed going forward.”
Institute for Reforming Government president C.J. Szafir said the settlement puts Godlewski’s office on the same page as Wisconsin’s law.
“We requested these records as part of our goal to maintain vigorous oversight of state agencies, and we are pleased that this litigation has resulted in a policy change that will benefit all record requesters going forward,” Szafir added.
The settlement includes a promise from Godlewski to actually respond to all future open records requests “as soon as practicable,” even when her Secretary of State’s office finds that there are records to turn over. Godlweski also agreed to review private email accounts that are used for state business going forward.
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