03-3101 Local 2489, AFSCME, AFL-CIO v. Rock County

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Although the union argued that its own investigation into the disciplinary action was not finished so that the records were part of a still open investigation and therefore barred from release under the “current investigation” exception, we disagree with such an expansive interpretation of “investigation” and “disposition of investigation.”

“The trial court concluded that the terms could not be read so expansively and that the only ‘investigation’ that triggers the exception is one ‘conducted by the public entity that’s involved in the case, [here] the sheriff’s department,’ not one conducted by the record subject or his or her representative, or by some third party as a follow-up to or result of the public authority’s investigation. We agree….

“We agree with the Gazette that the language of Wis. Stat. § 19.356 evinces a legislative intent that public records be promptly disclosed to a requester, even if their release is challenged by an employee. Reading § 19.36(10)(b) to preclude the release of records until any grievance arbitration or other review proceedings initiated by the employee have run their course would permit the employee to create prolonged delays in the release of the requested records. Thus, read in the context of a closely related statute, the ‘investigation’ and ‘disposition of the investigation’ cannot reasonably be read to extend to the progress and completion of grievance arbitration as the union contends.”

The union has failed to tip the scales against public disclosure.

Affirmed.

Recommended for publication in the official reports.

Dist IV, Rock County, Welker, J., Deininger, P.J.

Attorneys:

For Appellant: Bruce F. Ehlke, Madison; Danielle L. Carne, Madison

For Respondent: Thomas A. Schroeder, Janesville