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Wis. freedom of information advocates seek shorter wait
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By Dana Ferguson

Associated Press

MADISON - Freedom of information advocates in Wisconsin say the state's law makes it too easy for officials to drag their feet in filling requests.

The state statute says those receiving requests are to fill them "as soon as practicable and without delay," but that term leaves room for interpretation, said Bill Lueders, president of the Wisconsin Freedom of Information Council. And some requesters say they've waited months for documents.

Orville Seymer, a top official with conservative group Citizens for Responsible Government, said he waited nearly four months for a records request he made to Milwaukee Public Schools when he wanted to verify an award claimed by a group. Requests to other organizations have also taken months to complete, he said.

"I'm being ignored," Seymer said. "Journalists have a little bit more moxie, they can put a little more pressure on them to get their request. I can't do that."

Seymer said he doesn't understand why it should take so long for custodians to hand over information in the digital age when they can search and obtain documents electronically rather than searching through filing cabinets.

Mike Browne, deputy director of the liberal group One Wisconsin Now, said he has had a few experiences with requests that took months to process. Browne said he waited weeks to receive acknowledgement for a request from the Department of Justice.

"That was an easy request that could have been handled in an hour," Browne said.

Rep. Cory Mason, a Racine Democrat, said he hasn't heard complaints about the existing law. He said due to the varying types of requests custodians face it would be difficult to set a definite deadline.

"We have to find ways to get custodians to respond as quickly as they can, but I don't think there can be a universal time stamp required for these returns," Mason said.

Lueders said part of the sworn duties of elected officials is to process these requests, but many do not allocate the resources to do so in a timely fashion.

"It's just too important a function of government to be accountable to the people whose money you take," Lueders said.

Lueders says unless Wisconsin Attorney General Brad Schimel provides guidance to the people and agencies filling requests about the maximum wait time permissible or a court rules in favor of someone seeking documents, a more definite standard is unlikely.

Schimel said promoting open government is one of his top priorities. Anne Schwartz, spokeswoman for the state Department of Justice, said in a statement Friday that Schimel plans to host a summit to discuss existing holes in Wisconsin's open records law. Schwartz didn't yet have details about that event.