After four requests, Gazette gets open records
Photo 
Craig G. Knutson
JANESVILLE — Jeff Kuglitsch had the documents in his office the whole time.
Still, Rock County’s corporation counsel maintains he followed Wisconsin’s open records law when he repeatedly denied the Gazette’s requests for documents related to the resignation of former Human Resources Director John Becker.
For two months and in four letters, the Gazette requested copies of complaints against Becker and documents generated by a subsequent investigation of Becker.
The second and third requests yielded correspondence between Becker and county officials as well as a copy of Becker’s personnel file. No documents mentioned any investigation, despite the fact that several sources told Gazette reporters that an investigation had occurred.
After the fourth request, Kuglitsch, whose job involves advising county officials on legal matters, sent the Gazette two documents acknowledging an investigation.
Kuglitsch maintains he followed the law.
The Gazette and an attorney for the Wisconsin Newspaper Association disagree.
“We have serious problems with how the county handled our requests, and we are convinced that the corporation counsel and possibly others conspired to skirt the open records law, if not violate it outright,” Gazette Editor Scott Angus said.
Attorney Robert Dreps of Madison works for the Wisconsin Newspaper Association and provided support to the Gazette as the attempt to get the documents dragged on.
A strong proponent of open records laws, Dreps was outraged when he learned the documents the Gazette wanted had been in Kuglitsch’s office the whole time.
“That’s semantics,” Dreps said. “The courts have made it clear. Open records law provisions aren’t determined by where you put the document or what you call it.”
The requests
Becker resigned Sept. 25. The Gazette on Sept. 28 sent its first written request for the documents.
The letter was addressed to Lori Pope, acting human resources director. The Gazette asked for copies of complaints filed since July 2008 against Becker and copies of reports generated by any investigations of him.
A copy was sent to Kuglitsch. On Oct. 1, he replied:
“After consultation with the human resources department and review of the file, I can state to you that for the period requested, we find that there were no written complaints or any other reports generated referencing a complaint against Mr. Becker.”
Meanwhile, Gazette reporters heard from sources and readers that an investigation had taken place.
The Gazette on Oct. 6 sent a second request to Pope, this time leaving out the word “complaints.”
“Specifically, The Gazette requests copies of documents generated by a 2009 investigation … ” the second letter reads.
Kuglitsch again was sent a copy of the letter.
This time, Pope responded and included a copy of an e-mail from Becker to Administrator Craig Knutson and Kuglitsch as well as Becker’s letter of resignation.
No mention was made of an investigation in either document, even though sources by then had told the Gazette that the county had hired former Corporation Counsel Tom Schroeder to conduct the investigation.
The Gazette decided to broaden its request. The third letter, dated Oct. 28 and addressed to Pope, states the Gazette knew that Schroeder had conducted an investigation.
That letter, a copy of which was sent to Kuglitsch, requested a copy of Becker’s personnel file as well as “copies of all records about Mr. Becker generated by county employees, Mr. Schroeder, or others” subject to open records laws.
Kuglitsch informed Becker of the Gazette’s request so that Becker could add documents to his files as the law allows. Becker did not do so.
On Nov. 12, Pope released Becker’s 73-page personnel file. It included performance reviews—all at or above expectations—and copies of continuing-education certificates.
It contained no mention of an investigation.
Finally, on Nov. 17, the Gazette addressed a fourth letter—nearly identical to the third—to Kuglitsch. The Gazette requested “copies of all records in your custody or the custody of any other county employee or department about Mr. Becker … ”
Kuglitsch again informed Becker of the request.
“As you can see, they are persistent,” Kuglitsch wrote about the Gazette.
Becker did not add any information to the file, and on Nov. 30, Kuglitsch released two documents that revealed the investigation: a contract hiring Schroeder to probe “the conduct and/or alleged misconduct of John Becker” and an invoice from Schroeder’s office.
‘Magic words’
When interviewed by the Gazette on Tuesday, Kuglitsch said he followed the letter and the spirit of the open records law when he didn’t release the investigative documents at the Gazette’s first request.
“I believe we followed the law appropriately under all your requests,” Kuglitsch said.
Knutson supported Kuglitsch’s legal decisions.
When asked, Kuglitsch said he didn’t release the documents in his files because the Gazette addressed its first three letters to Pope. The Gazette did send Kuglitsch copies of each letter.
“You wrote that you were filing a formal record request for documents that are in your (Pope’s) custody,” Kuglitsch told the Gazette. “We looked at that as you’re looking for human resources records. We gave you the entire human resources record. His entire personnel file is in your custody.”
That interpretation violates the open records law, according to the 2009 Wisconsin Attorney General’s Open Records Compliance Guide.
“It is the nature of the documents and not their location which determines their status under the public records statute,” the guide states.
Requestors are not responsible for knowing a file’s location, Dreps said.
“The records you were seeking existed within county offices,” Dreps said. “The open records law doesn’t require a requestor to guess in which county office the records are located. The county’s action shows bad faith and was in violation of the law because they say it was made to the wrong office.”
According to the attorney general’s 2009 compliance guide, something as simple as changing a name on a letter should not be the trigger that releases a public record.
“‘Magic words’ are not required,” the guide states. “A request which reasonably describes the information or record requested is sufficient.”
When asked if he disagrees with the attorney general, Kuglitsch said: “I believe we acted legally and appropriately with every response that we sent out of this office.”
Future communication
After all this, Angus said he has his doubts that the county has released all the records that are on file about Becker. The process casts doubt on the county’s willingness to make records available to the media and the public, Angus said.
“The county clearly went out of its way to keep information from us and protect Mr. Becker, and frankly, we don’t understand why,” Angus said.
Knutson and Kuglitsch said the county was not trying to protect Becker.
“There hasn’t been an attempt to protect anyone other than the county itself,” Knutson said. “In terms of complying, it is the county’s policy to comply with the open records law fully. I think we’ve demonstrated that in the past and will in the future.
“If there’s disagreement with the interpretation in this case, I think we can get through that,” Knutson said.
The law doesn’t just apply only to newspaper requests. It is meant to ensure that the public has access to government documents, Angus said.
“These people are public employees controlling public information about another public employee who resigned under pressure,” he said. “What part of the public’s right to know don’t they understand?”
On the advice of Wisconsin Newspaper Association attorney Kendall Harrison, the Gazette did not request copies of e-mails regarding Becker’s resignation because filling requests for electronic documents can take considerable time.
The Gazette now plans to seek e-mails about Becker’s resignation and will continue to pursue other documents that could be relevant, Angus said.
“It’s partly about trying to get to the bottom of why a high-ranking county official resigned under pressure, and it’s partly about impressing upon county officials how important it is that they comply with the open records law,” Angus said.
Dec 4, 2009 at 2:13 p.m.
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Mabye I don't pay attention to the local new as much as I should, but after reading this article and skimming it again, I have no clue what it's about. What is the Gazette trying to find out? A little more background information would have been much appreciated...
Dec 4, 2009 at 1:42 p.m.
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After trying to email the gazette for the last 15 minutes and having no success, I decided to use this site as an email and maybe they will see it. On Nov. 28th & 29th they ran a photo Contest. People were to vote on these two days. From 5:00 AM on the 29th (Sun) and continuing through the entire day, the number they gave to vote for your photo, didn't work. The answering machine was probably full and no one must have bothered to check it.
This photo contest was to benefit "Newspaper in Education". It wants each student to use the newspaper as a source of learning. I certainly hope who ever ran this photo contest takes this course.
Dec 4, 2009 at 12:55 p.m.
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spill the beans "guilt"
Dec 4, 2009 at 10:27 a.m.
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The files on the becker investigation are destroyed! The county is protecting there own butts! Dig deeper. I know why becker was let go, wanna know?
Dec 4, 2009 at 7:55 a.m.
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How can you even say that the Gazette is on some sort of witch hunt. This guy is a County employee, he gets paid by property owners taxes! What does the county have to hide? Keep it up Gazette! I am a property tax payer and I want to know what my money paid for!
Dec 3, 2009 at 7:17 p.m.
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I'd love to know how Becker's reviews were "at or above expectations" when he didn't even know the county's health insurance policy. Repeated times he informed a staff member that they were ok and would be covered with the county insurance (in writing I mind you), then when things weren't being paid and he was questioned, he would revise a the letters and send out new information. Apparently his sexual harassments at previous jobs and being a womanizer continued over into this job as well, though I can't figure out how he got this job because he previously worked at Pizza Hut making pizzas. Great HR director! Bet we couldn't have found a better one to begin with. So that, folks, is where your tax money went!
Dec 3, 2009 at 4:27 p.m.
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State statute 19.37(3) states, "If a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester."
As I understand reports about the suit pending against Governor Doyle, the newspaper is seeking punitive damages under that statute. As best I recall, the question is whether a suit can be brought for a "delay" where the records were finally released. In other words, regardless of the delay, the records were released and therefore such a suit is invalid. This would be similar to the question in the case reported here.
Somewhere, sometime, this matter will be taken to the Supreme Court for a decision. Can a governmental unit delay with impunity as long as they finally comply before a suit is brought by the DA or a private party?
It's a great question, and I would support The Gazette should they seek a decision on it here.
Dec 3, 2009 at 3:13 p.m.
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The court decisions copperguy mentioned are covered here; http://www.jsonline.com/news/statepoliti...
In both instances, monetary awards were substantial. The events leading to Doyle's case is shown here: http://host.madison.com/news/article_292...
Dec 3, 2009 at 11:28 a.m.
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Rexkramer: You should try reading the Milwaukee Journal Sentinel more often. They have done great investigative journalism into fraud in state daycare payments, how stimulus money is being spent in Wisconsin, drinking and driving in Wisconsin, etc. Though the national media does not often seem to present a balanced perspective or report the important stories, looking to state level and local media can often fill in some gaps.
Dec 3, 2009 at 10:24 a.m.
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"The Press is the people's watchdog on government."
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Yeah, they've been all over stories like voter fraud, welfare fraud, day care fraud. Tell you what, when the bong smoke clears take a good look at that "watch dog" press and tell me how much "watch dogging" they've been doing of late. Seems since The One got into the Oval Office we hardly hear about the Iraq war. We've only heard about Afghanistan of late. Let's face it, the only people the press watches are the conservatives. When it comes to the liberal politicians they turn the other way until the story reaches critical mass and it can't be ignored anymore, or until another news agency beats them to the punch and then they only report it because they don't want to look like they got scooped on the story.
How long was the John Edwards affair going on and how long did members of the press have information on that? Yet the New York Times had no problem running to the presses with an unfounded rumor about John McCain having an affair with a woman involved in his campaign, which was later proven to be completely false.
Nancy Pelosi, Harry Reid and the rest of the crooks in Congress can spew out fiscal stats that defy logic and the press doesn't bat an eye. But if that slacker dope Levi Johnston opens his yap they're all there to stick a microphone in his face.
Yeah, "watch dogs" alright.
Dec 3, 2009 at 9:46 a.m.
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An incredible job!
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MooShoo, I think very few respect your narrow minded rant. Educate yourself on the importance of open records law and how your vein attempt at applying it to a private company is as absurd as your opinion
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infinitequotient, I think the Gazette fulfilled their obligation of PROFESSIONAL journalism this time. Why would they ever disclose what their sources told them UNTIL criminal misconduct proceedings?
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Why direct the conversation away from our officials in OBVIOUS and DIRECT violation of open records laws or are you also above having to explain yourself to others?
Dec 3, 2009 at 9:15 a.m.
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Hey, it's on a roll. Maybe tomorrow the Gazette will even print something regarding the climategate! I mean it's only been everywhere else (except the left-wing press) for weeks and weeks!
Dec 3, 2009 at 9 a.m.
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The Press is the people's watchdog on government. Kudos to The Gazette both for persistence and for letting the people of Rock County know how their government is doing in regard to openness.
It seems to me there was a recent court decision dealing with "delayed" responses to Open Records Requests. I think it was in regard to requests for judicial candidates documents and was against Governor Doyle. I don't have time to research it at this moment, and I don't recall the outcome.
I do hope The Gazette is ready to pull the trigger on a lawsuit against Mr. Kuglitsch and Rock County if they sense any further non-compliance. The County needs to be put on notice that it MUST comply with Open Records Requests in order to meet the people's right to know.
Dec 3, 2009 at 8:25 a.m.
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I find the county’s failure to comply with the open records law despicable. The county says that they complied because they gave the documents that were in the position of the person who the letter came to however the attorney general specifically has stated in the open records guide that the location of the documents dose not determine their status under the public records law. How is the general public to know where the county has a certain record at any given time, the public is not responsible for the files location and the county knows it.
Dec 3, 2009 at 6:56 a.m.
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Good work, Mr. Angus. Keep it up!
Dec 3, 2009 at 5:58 a.m.
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I wonder - Did you ask 'please'?
Dec 3, 2009 at 12:30 a.m.
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wait, what is "it" about again? Open records or flexing the muscle of the very powerful...PRINT MEDIA! What are you gonna do when Gazettemania runs wild on you?! (twirls hand and listens to subscription numbers drop)
Why don't you just tell us what your source told you about the investigation...unless...
Dec 2, 2009 at 11:52 p.m.
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Maybe Jeff Kuglitch, given the fact that he chose to ignore the Atty General's compliance guide (re: the open records law), should run for the AG position? It's obvious that he struggles with holding his own as a public employee since the former Corp Counsel, Tom Schroeder, continues to be the "go to guy" even though he's been "retired" for several years!! The Rock County taxpayers have a right to know the information requested by the Gazette and Kuglitch has demonstrated a pattern of pulling out any "stall tactic" available (check out the "recent" scandals involving Rock County and it's administrative decisions). The taxpayer's had better hope that the budget includes a sufficient amount of $$ to pay it's portion of the settlements reached when the individuals (who have been wrongfully accused and/or terminated) hold the Rock County administration (including the County Board members who continue to look the other way) accountable through the courts.
Dec 2, 2009 at 11:37 p.m.
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Now all it will take is one person to leak a copy of one relevant record Mr. Kuglitsch has managed to keep from the Gazette's open record requests so far and he will be toast.
Whether the candidate will or will not fire Jeff Kuglitsch might be a touchstone question during the next county board member campaign.
Dec 2, 2009 at 9:22 p.m.
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The difficulty complying with the open records law raises questions about the Rock County corporate council and administrators. The bigger story is really their failure to comply with the law, more so than the reason for the investigation of Becker.
This is original journalism (as apposed to what constitutes 80% of "news" web sites), and the reason newspapers must not die. Keep up the good work Gazette.
Dec 2, 2009 at 8:07 p.m.
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Time to file a complaint with the DA's office.
Dec 2, 2009 at 7:12 p.m.
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MooShooo,the difference between the county employees and Gazette employees is that the county employees are YOUR employee because you pay their wages via your taxes. You are not a customer of the county, you are the owner/boss. Tax payers have every right to know the kind of information that the Gazette is trying to find out and what the county appears to be hiding.
Dec 2, 2009 at 5:59 p.m.
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It's not right that the people we pay for our governance are so adversarial. That needs changing.
I read the Gazette waiting for articles like these that show us how important newspapers and reporters are for our general well being.
Great job Gazette!
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