Was Scott Walker Behind The Move To Gut Wisconsin’s Public Records Law?

Wisconsin Gov. Scott Walker speaks at the winter meeting of the free market Club for Growth winter economic conference at the Breakers Hotel Saturday, Feb. 28, 2015, in Palm Beach, Fla. (AP Photo/Joe Skipper)
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Wisconsin Republicans may have swiftly backtracked on a proposal that would have gutted the state’s open records law, but the big question remains as to who inserted the language into the budget bill in the first place and whether Gov. Scott Walker (R) — who was already facing a lawsuit challenging him to release certain legislative documents — was involved in pushing the changes.

The changes to the public records law were initially approved by the Wisconsin Legislature’s Joint Finance Committee by a party-line vote Thursday evening, before the long Independence Day weekend. But a fierce backlash prompted Republican leaders, led by Walker, to announce during the holiday weekend they were dropping the provisions. The proposal, part of a budget package known as Motion #999, would have removed a number of legislative documents from under the scope of government transparency laws, and would have permitted lawmakers to opt out of submitting to other types of public records requests. The proposal appeared to target communications tracking how legislation is developed, which often reveals the influence of special interests.

So far, Republicans have stayed mum on who initially pushed for the changes, though it has emerged in the last 72 hours that most of leadership chain was at the very least aware of them before they were put in front of the Joint Finance Committee on Thursday. As for Walker’s role, the specifics of his involvement, if any, remain unknown. But the consensus in Madison is nothing would have gotten that far in the legislative process without at least Walker’s tacit approval.

Republican sources told The Journal Sentinel that Assembly Speaker Rep. Robin Vos (R) and Senate Majority Leader Scott Fitzgerald (R) played an influential role in pulling the package together. Vos confirmed that he was aware of the proposals before Thursday’s vote, telling Wisconsin Public Radio Monday, “Almost all of us in the leadership teams were.”

He claimed that lawmakers were interested in the changes as a way to protect constituents from being targeted by outside groups through open records law, as well as to encourage a “collaborative discussion” during the legislative process.

When the committee’s Republican co-chairs, Rep. John Nygren and Sen. Alberta Darling were asked by reporters who brought forward the language, they said “multiple” legislators requested the change, but refused to name specifically whom.

As criticisms began to mount Friday, Walker’s office at first said the governor was considering alterations to the proposed exemptions to public records rules, but did not say directly whether he had a hand in creating them. Walker is expected to announce a White House run next week.

Likewise, Assembly Speaker Vos dodged questions about the governor’s involvement in the Wisconsin Public Radio interview.

However, a Democrat on the Joint Finance Committee, Rep. Gordon Hintz, has suggested the governor’s office was at least approving of the changes, if not directly behind them. His spokeswoman sent TPM this statement from him:

During our break after the 999 motions passed and before we came back to pass the final budget, I spoke with some of my Republican Finance colleagues about the open records motion and how it was blowing up on them. Given the immediate and strong backlash, they realized there could now be a potential veto. They made clear when we spoke that Governor Walker signed off on everything in the 999 motion. He crossed out everything he would veto. Several of the more controversial policy items that were likely to be in the motion such as Rent-to-Own were not. We were told that Governor Walker said he was ‘rock solid’ behind the open records change and the other 999 motions. The GOP JFC members would not have taken a vote like that without that guarantee period. The Governor and Republicans have spent the past month working out the details of the budget to secure the votes for passage and to make it so the Governor can sign it into law quickly. There are no surprises at this point. That is not how it works.

Republican sources told the Journal Sentinel that at least some GOP lawmakers had been given similar assurances that the governor’s office had approved of the changes, though they thought a veto could still be possible since they were not sure whether the approval came from Walker’s aides or the governor himself.

The proposed changes came as Walker is facing a lawsuit due to his refusal to turn over documents in an open records request. Jud Lounsbury, a writer for the liberal outlet The Progressive, filed the complaint in May alongside the left leaning watchdog group the Center for Media and Democracy to gain access to documents pertaining to proposed changes to the state budget that would have removed references to the “Wisconsin Idea” from the University of Wisconsin’s missions statement, changes that Walker has since withdrawn and characterized as a drafting error.

“Governor Walker’s office acted outside Wisconsin’s open records law in denying our basic request to see communications that were behind removing the ‘Wisconsin Idea’ from our statutes,” Lounsbury told The Wisconsin Center for Investigative Journalism in an email. “So we took them to court. Instead of following the law, they’ve decided to change the law.”

A spokeswoman for the governor declined to respond to the Center’s questions regarding Walker’s involvement.

Walker is not the only lawmaker who has been targeted by an open records lawsuit. Nevertheless, state Democratic Sen. Jon Erpenbach, who lost a suit requiring that he turn over information in legislative records, asked the language to be stripped before the committee vote Thursday.

“I tend to err on the side that we should be more open than closed — despite my record on this issue,” Erpenbach said. “…This is really self-serving. Somebody’s being protected from something.”

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Notable Replies

  1. Is there really any question whatsoever as to whether he was behind this? It was a corrupt, devious, undemocratic, rule-changing, sand-in-the-eyes, below-the-belt exercise in chicanery. In other words, it’s 100% pure undiluted Scott Walker doing what he does best and most predictably.

  2. “a way to protect constituents from being targeted by outside groups through open records law”. Are all republicans expert liars?

  3. Pretty much.

  4. Avatar for jep07 jep07 says:

    Talk about transparent… it is transparent to anyone reading about this that Walker has so many secrets and so many lies to cover up, he is willing to expose his desperation through this fascist gambit.

    NO MORE SECRETS, NO MORE LIES!!!

    Government that is acted out behind closed doors is always oppressive.

    Also, they are running interference on Anonymous-style hackers who might expose those secrets and lies, the only thing they hate worse than being denied their private power is that those who expose them go unpunished.

    I am only speculating here, I know nothing, as Sgt. Shultz might say…

    But before the next election, there is a treasure trove of secrets and lies on the exposure block, primarily due to the ALEC era of state legislation that created such a massive amount of illegal conspiracies and outright deceptions, it is hard to imagine the people who move about in dark computer places don’t already have them for public display.

    Particularly the voter fraud fraudsters… their pervasive multi-state extended conspiracy crossed so many legal federal and state voter protection lines, and all with the hubris of self-anointed power, they have no idea how exposed they really are.

    The reason they are doing this is because they HAVE those secrets and lies in the first place. An honest, open government needs no protections like they are formulating, only liars, cheats and frauds require insider protections like this.

    How they fail to see that is the most amazing part to me, but these days, I am resigning myself to the knowledge that many of our far-right politicians and their staff have neither the perception nor the intelligence to even recognize how their desperate cover-up ploys look to the people of the nation and states around them. Their supposed self-righteousness and of course right wing pounditry, seems to have convinced them they can break any law to protect their status quo.

    Along with the rampant coordination between PACs and campaigns, and a couple other specific issues, the arrogance of the tea Mob era is destined to come back HARD and haunt some then right into jail.

    But timing is everything. Don;t expect the BIG exopse’ until the Republican clown-car presidential field is winnowed out, and those with the dirt have their targets established. Fact is, the hackers could expose every one of them right now, but why waste their time on losers?

    I am fairly certain of one thing… NONE of them has clean hands, especially on the PAC/campaign collusion front. They seem to think they can just ignore that strictly written part of the law. So they made errors on a grand scale, and they did it so completely, there is no way they can deny it when the truth comes out.

    They’ve cleaned up their acts a bit, in some quarters, but to my utter shock ( I mean that) some of them continue coordinating shamelessly between their PACs and their campaigns, especially in Iowa, in such a way that if “the law” ever decides to step on them, the boot they do it with will be a BIG one.

    Walker and his Wisconsin fellow fascists believe they can make new laws that protect them so they can break old laws, that will inevitably be their undoing. Unless they get those old laws removed from the books (Citizens United accomplished a great deal towards that chaotic end) the new ones are simply impotent, but if they DO remove those old laws, these new ones will be unnecessary in the first place.

    But they just keep tripling down.

    Which is why they are overreaching like this to vainly attempt to prevent what is inevitably going to happen.

    Hubris is their curse.

  5. Avatar for jep07 jep07 says:

    actually, they will learn soon just what amateurs they really are… they could not have done ANYTHING worse to bring the scrutiny of indignant hackers down on their doorstep, this is their desperate attempt to prevent that.

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