Jefferson Banner - Opinion John Foust - JDC

 

From: "Curt Witynski" <witynski@lwm-info.org> To: "John Foust" <jfoust@threedee.com> Subject: Re: Jefferson Commerce and Industry Association Date: Fri, 1 Oct 1999 15:49:29 -0500 Organization: League of Wisconsin Municipalities Mr. Foust: I received your e-mail message and fax on the same issue. I was out of the office this week and didn't get back until Tursday. Hence, the delay in responding to you. I recall the phone conversation with Dave Schornack on this issue and remember thinking that there isn't any case or statutory law directly addressing such a situation. I believe Dave's memo accurately reflects my comments. Curt ----- Original Message ----- From: John Foust <jfoust@threedee.com> To: <witynski@lwm-info.org> Sent: Tuesday, September 28, 1999 11:12 AM Subject: Jefferson Commerce and Industry Association > > Dear Attorney Witynski, > > For several months, I have been involved with opening the Jefferson, WI, > Commerce and Industry Association (CIA) and Jefferson Development > Corporation (JDC). > > I was successful in getting an opinion from the Jefferson County District > Attorney, confirming that the JDC was subject to open meetings law and > open records law. > > Shortly before the D.A.'s opinion was released, the CIA held a private > meeting and without a vote confirmed they were subject to open meetings > and open records law. > > Recently Jefferson City Administrator David Schornack has claimed that > because the CIA opened itself voluntarily, it could pick and choose which > records it released. He spoke with you about this. > > >From my perspective, the CIA was created by action of the City Council > in 1994, is 100% funded by the City, staffed by the City, has three of > seven Board members from City positions, housed without rent in a City > building, and should have always been subject to open meetings and > open records law. > > Is the memo below an accurate recounting of your conversation with > Schornack? If so, can you give me a more detailed explanation as > to where the statutes or Attorney General opinions describe the > situation where the CIA can "pick and choose" which records it releases? > > - John Foust > (920) 674-5200 > > -------- > > To: Commerce and Industry Association > From: Dave Schornack > Subject: Discussion with Curt Witynski from the League of Wisconsin > Municipalities > Date: September 7, 1999 > > At the last CIA meeting it was requested of myself to contact Curt Witynski > of the League of Wisconsin Municipalities concerning the question: > > "When an organization which was private goes public are there any records > from when the organization was private that are now open records?" > > I discussed this with Curt and Curt's opinion is that it was the CIA that > was choosing to go public and records that were made while the CIA was > handling itself as a private organization would not be open. Curt went > on to say, however, that records that were made when the CIA was private > could be made public by the CIA on a case by case basis. > > -------- >