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J.B. VAN HOLLEN
ATTORNEY GENERAL
GUEST COLUMN – SUNSHINE WEEK
March 15-21 is Sunshine Week. It is important to recognize this national
initiative which focuses attention on the importance of open government and the
public’s right to know.
Citizen oversight of the workings of government is essential to democratic
government and our confidence in it. Citizen access to public records and
meetings of governmental bodies is a vital aspect of this principle. As the
state’s chief law enforcement officer, I am deeply committed to promoting
compliance with Wisconsin’s open meetings and public records laws.
Educating the public and public employees is the best way to enforce these
laws. That is why since I’ve been Attorney General, the Department of Justice
has committed increased resources to helping civic leaders, government employees
and the public better understand their rights and responsibilities.
In 2007 and 2008, the Department hosted eleven free seminars across the
state to promote public awareness of and compliance with the open meetings and
public records laws. Over one thousand five hundred citizens and public
officials registered for the seminars, more than twice the attendance from the
previous two year period.
As well, our office provides informative compliance guides on the open
meetings and public records laws. The publications answer recurring questions
of citizens and public employees alike and are posted on the Department’s
website to download, copy, and share.
Every day the Department helps people seeking to understand their rights and
obligations under the open meetings and public records laws. This is the one
area where, by statute, the Department is authorized to give legal advice to
citizens. Since I became Attorney General, our office has answered thousands of
requests for advice and guidance. Department attorneys assisting in this way
report increased compliance as a direct result.
As principal statewide interpreter of the open meetings and public records
laws, I represent the state’s interest in the orderly and proper development of
the open meetings and public records laws. In State ex rel. Buswell v. Tomah
Area School District, the Department went before the Wisconsin Supreme Court and
urged reversal of a bright-line rule that permitted an almost unlimited degree
of generality when giving notice of the subject matter of a meeting. The court
adopted the Department’s approach. As a result, Wisconsin citizens are entitled
to receive more meaningful notice than was required under previously decided
case law.
I welcome the opportunity that Sunshine Week provides to focus on the need
for and importance of open government and access to information about the
workings of your government. I cannot overstate the importance of full
compliance of the state’s open meetings and public records laws. To that
end, I invite all citizens and government entities to contact the Department of
Justice whenever our legal service in offering advice in this area can be of
help to you.
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