Employment – Public employment – whistleblower law

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Wisconsin Court of Appeals

Civil

Employment – Public employment – whistleblower law

Emails expressing concern to persons who already knew about the facts are not protected by the whistleblower protection law.

“The emails at issue here were directed to Schigur’s supervisor, Myszewski. It is undisputed that Myszewski was aware, prior to Schigur’s emails, of the proposal to provide the Attorney General with security detail when he attended the political event in Minneapolis. Schigur does not argue that she provided information to anyone who was not already aware of such information. The only thing new in the emails was Schigur’s statement of concern, that is, her statement that she was ‘concerned that providing state resources to the Attorney General while he participates in a political activity off duty may violate OSR regulations and state law.’ (Emphasis added). In his response, Myszewski stated that he did not believe that agents providing protection to the Attorney General at the RNC would constitute political activity on the agent’s part, but that he would ‘forward [Schigur’s] concerns up the chain of command.’ Schigur again responded by expressing concern. She stated that her ‘concern’ was not with the agents participating in political activity, but rather “can state resources be used” in that particular situation.”

Affirmed.

Recommended for publication in the official reports.

2013AP1488 State of Wisconsin Department of Justice v. State of Wisconsin Department of Workforce Development

Dist. IV, Dane County, Colas, J., Sherman, J.

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