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03-0500 Hempel v. City of Baraboo and City of Baraboo Police Dept.

By: dmc-admin//November 24, 2003//

03-0500 Hempel v. City of Baraboo and City of Baraboo Police Dept.

By: dmc-admin//November 24, 2003//

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“The City justifies withholding records from the investigation file because this case involves an internal complaint of sexual harassment resulting in a confidential investigation; disclosure would interfere with and impede law enforcement’s ability to conduct thorough and confidential internal investigations; disclosure would discourage victims and witnesses from providing information regarding personnel investigations; and it is necessary to shield victims and witnesses who cooperate with personnel investigations and their families from increased risk of harassment. We agree and conclude the court record contains sufficient evidence to support these reasons for nondisclosure….

“The public’s right to access public records must give way to the important public policy of encouraging victims and witnesses of employment discrimination to cooperate in internal investigations of such conduct.”

Affirmed.

Recommended for publication in the official reports.

DISSENTING OPINION: Dykman, J. “Unfortunately, despite this strong policy [against employment discrimination], the majority has concluded that a police department may hide from the public, evidence of sex discrimination within the City of Baraboo Police Department. I do not agree that this extension of open records exceptions into an area particularly suited to openness is the correct interpretation of the law or policy encompassed by Wisconsin’s open records legislation.”

Dist IV, Sauk County, Taggart, J., Higginbotham, J.

Attorneys:

For Appellant: Aaron N. Halstead, Madison; Kathleen Meter Lounsbury, Madison

For Respondent: James C. Bohl, Baraboo

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