NFOIC Summit: Wisconsin FOIA roundup

State-by-state updates at the 2009 NFOIC Summit: Christa Westerberg of Wisconsin Freedom of Information Council provided a summary of her state's FOI news.

• Wisconsin has seen good legal developments because of court cases that clarifies what constitutes good notice and when quasi-government organizations are subject to open meetings and records laws.
• The state has no consistent retention policy on any records. The attorney general says agencies must have a policy, but it doesn't matter what's in it.
• Legislators are working on a shield law for reporters' notebooks and sources.
• We're trying to model Minnesota's policy for police records.
• The state could use a better fees policy. Fees are now issued at the discretion of the custodian so there's a lot of arbitrariness.
• The state legislature is allowed to hammer out the budget in some private committees. Two provisions in the proposed budget include: the expungement of certain felon records and the elimination of designating official state newspapers so that required government notices could just go online without being published in print publications.
  

Unanswered questions remain in Missouri FOI debate

Since former Missouri Governor Matt Blunt's e-mail controversy of 18 months ago, a new e-mail retrieval system has been implemented in the governor's office but has not been expanded to other offices due to costs, the St. Louis Post-Dispatch reported. Hundreds of public officials still maintain that e-mail is not considered public record. It's still not clear what records must be saved, said the court-appointed attorney who oversaw the Blunt investigators' final product. The problem is that the records retention act and the Sunshine Law aren't on the same page.

For 18 months, a cloud of suspicion has blocked out some of the sunshine from the second floor windows of the Missouri Capitol.

Investigators tapped by the attorney general's office tried to determine whether then-Gov. Matt Blunt and his employees were following the public accountability laws that require certain documents to be maintained as open records.

In fact, some laws were being skirted, investigators argued in their final report, which was released this month after more than a year and a half of legal wrangling and political squabbling in which Missouri's Sunshine Law became front page news.

More here.