13CVO 11294COPY

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY

TAYLOR Q. SCOTT 1805 E. Newberry Boulevard, #2 Milwaukee, Wisconsin 53211,

Plaintiff,

VS.

UNIVERSITY OF WISCONSIN SYSTEM BOARD OF REGENTS 1860 Van Hise Hall 1220 Linden Drive Madison, Wisconsin 53706

AMY R. WATSON, PUBLIC RECORDS CUSTODIAN FOR THE UNIVERSITY OF WISCONSIN-MILWAUKEE 2310 E. Hartford Avenue 180 Milwaukee, Wisconsin 53211-3165,

DR. MICHAEL LALIBERTE, VICE CHANCELLOR-STUDENT AFFAIRS, UNIVERSITY OF WISCONSIN-MILWAUKEE 132 Chapman Hall Milwaukee, Wisconsin 53201,

and

DR. TIMOTHY W. GORDON, DEAN OF STUDENTS, UNIVERSITY OF WISCONSIN-MILWAUKEE 118 Mellencamp Hall Milwaukee, Wisconsin 53201,

Defendants.

SUMMONS

HON. DAVID A. HANSHER, BR. 42 CIVIL A

Case No.: _______ _

Case Classification: OTHER EXTRAORDINARY WRIT

Case Code: 30954

0

THE STATE OF WISCONSIN, To each person named as a Defendant:

COPY

You are hereby notified that the Plaintiff named above has filed a lawsuit or other

legal action against you. The Complaint, which is attached, states the nature and basis of

the legal action.

Within forty-five (45) days of receiving this summons, you must respond with a

written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the

Complaint. The Court may reject or disregard an answer that does not follow the

requirements of the statutes. The answer must be sent or delivered to the Court, whose

address is: 901 N. Ninth Street, Milwaukee, Wisconsin 53233, and to April Rockstead

Barker, attorney for the plaintiff, whose address is 16655 West Bluemound Road, Suite

270, Brookfield, Wisconsin 53005. You may have an attorney help or represent you.

If you do not provide a proper answer within forty-five (45) days, the Court may grant

judgment against you for the award of money or other legal action requested in the

complaint, and you may lose your right to object to anything that is or may be incorrect in

the complaint. A judgment may be enforced as provided by law. A judgment awarding

money may become a lien against any real estate you own now or in the future, and may

also be enforced by garnishment or seizure of property.

Dated this hv day of December, 2013.

State Bar#: 1 026163 Attorneys for Plaintiff, Taylor Q. Scott SCHOTT, BUBLITZ & ENGEL S.C. 16655 W. Bluemound Road, Suite #270 Brookfield, WI 53005 (262) 827-1700 (262) 827-1701-Fax abarker@sbe-law.com

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STATE OF WISCONSIN

TAYLOR Q. SCOTT 1805 E. Newberry Boulevard, #2 Milwaukee, Wisconsin 53211,

Plaintiff,

vs.

UNIVERSITY OF WISCONSIN SYSTEM BOARD OF REGENTS 1860 Van Hise Hall 1220 Linden Drive Madison, Wisconsin 53706

CIRCUIT COURT

AMY R. WATSON, PUBLIC RECORDS CUSTODIAN FOR THE UNIVERSITY OF WISCONSIN-MILWAUKEE 2310 E. Hartford Avenue 180 Milwaukee, Wisconsin 53211-3165,

DR. MICHAEL LALIBERTE, VICE CHANCELLOR-STUDENT AFFAIRS, UNIVERSITY OF WISCONSIN-MILWAUKEE 132 Chapman Hall Milwaukee, Wisconsin 53201,

and

DR. TIMOTHY W. GORDON, DEAN OF STUDENTS, UNIVERSITY OF WISCONSIN-MILWAUKEE 118 Mellencamp Hall Milwaukee, Wisconsin 53201,

Defendants.

COPY I 3 C V 0 I I 2 94

MILWAUKEE COUNTY

Case No.: _______ _

Case Classification: OTHER EXTRAORDINARY WRIT

Case Code: 30954

COMPLAINT - PUBLIC RECORDS

COPY

This is an action to enforce Wisconsin's Public Records Law, Wis. Slats. §§

19.31-19.39. State law declares it the public policy of this state that every citizen is

presumptively entitled to complete access to the records of state and local government.

Plaintiff, Taylor Q. Scott, by his attorneys, Schott, Bublitz & Engel, s.c., as and for

his claims under Wis. Stats. §19.37, alleges that:

FACTUAL ALLEGATIONS

1. Plaintiff Taylor Q. Scott is an adult resident of the State of Wisconsin

residing at 1805 E. Newberry Boulevard, #2 Milwaukee, Wisconsin, 53211.

2. Upon information and belief, Defendant University of Wisconsin System

Board of Regents is a body politic with its principal offices at 1860 Van Hise Hall, 1220

Linden Dr., Madison, Wisconsin, 53706 and, upon information and belief, operates the

University of Wisconsin-Milwaukee, and which is therefore referenced herein as "UWM."

UWM is an "authority" as that term is defined in Wis. Stats. § 19.32(1) and used in the

Public Records law.

3. Defendants Amy R. Watson, Dr. Michael Laliberte, and Timothy W.

Gordon are employees or authorized legal representatives of UWM and upon

information and belief are "legal custodians" of one or more of the records at issue in

this action under Wis. Stats. § 19.33 and as that term is used in the Public Records

Law.

BACKGROUND AND RECORDS REQUESTS

July 12,2013 and August 15,2013 Reguests

4. On or about July 12, 2013, Plaintiff, Taylor Q. Scott, requested in writing,

via electronic mail, that UWM produce for inspection the following records:

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a. Any and all e-mails or other correspondence with and/or from and/or to Dean of Students Program Assistant Pahoua Xiong from 1/1/2013 containing any of the following keywords:

2012098602 Taylor Q. Scott Mr. Scott 17.09(11) 17.09(07) Be On the Safe Side BOSS tqscott 991142790 2012098602

b. Any and all e-mails or other correspondence with and/or from and/or to Vice Chancellor for Student Affairs Michael Laliberte from 1/1/2013 containing any of the following keywords:

2012098602 Taylor Q. Scott Mr. Scott 17.09(11) 17.09(07) Be On the Safe Side BOSS tqscott 991142790 2012098602

A true and correct copy of the substance of the written request is attached hereto

as Exhibit A.

5. On or about July 25, 2013, the University, through Amy R. Watson,

records custodian, denied Mr. Scott's request, stating in relevant part:

First, I am unable to provide any emails to/from Pahoua Xiong, because she is a student at UWM and thus, her emails are protected by FERPA ...

Second, Vice Chancellor Laliberte estimates it will take approximately one hour to locate any responsive emails ...

3

Thus, this request will involve a locating fee. A rough estimate of the locating fee is $125, which would have to be prepaid. Please let me know how you would like to proceed

A true and correct copy of UWM's response is attached hereto as Exhibit B.

COPY

6. On or about July 31, 2013, Plainf1ff Taylor Q. Scott wrote to Amy R.

Watson to request clarification concerning UWM's response. In that communication he

stated, "To clarify, this is regarding correspondence, while [Pahoua Xiong] is in the

capacity of Dean of Students Program Assistant, not her personal educational records."

A true and correct copy of the substance of Plaintiff Taylor Q. Scott's July 31, 2013 e-

mail communication is attached hereto as Exhibit C.

7. On or about August 7, 2013, Amy R. Watson responded to Plaintiff Taylor

Q. Scott's July 31, 2013 e-mail communication. In her response, Defendant Amy R.

Watson continued to assert that e-mail messages sent by Ms. Xiong in her capacity as

Dean of Students Program Assistant were "subject to FERPA" Defendant Amy R.

Watson also stated that she was denying Mr. Taylor's request for Ms. Xiong's "position

description" because, according to Defendant Amy R. Watson, that record is also an

"education record" that is "prohibited from release under FERPA"

8. On or about August 15, 2013, Taylor Q. Scott requested pursuant to the

Public Records law that Associate Dean of Students Thomas G. McGinnity of UWM

forward to him a copy of Ms. Xiong's position description.

9. On or about August 27, 2013, Plaintiff Taylor Q. Scott clarified his prior

requests in an e-mail message to Defendant Amy R. Watson, stating, "Also, I would like

to clarify that my previous request of Pahoua Xiong and VC Laliberte's records were

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from 1/1/2013 to the date I requested the records. Do you still uphold the FERPA

rationale you sent and the finder's fee or are you able to release the records?" On or

about September 6, 2013, Defendant Amy R. Watson responded, "As to your questions

about my July 25th response to your previous request for emails from Vice Chancellor

Laliberte and Pahoua X'1ong, yes, my response remains the same."

10. On or about October 17, 2013, counsel for Plaintiff Taylor Q. Scott wrote

to Defendant Amy R. Watson to request that UWM itemize the fees that it would require

as prepayment for the records to which it was denying access under FERPA.

11. On or about October 22, 2013, Defendant Amy R. Watson responded that

she did not have an estimate to provide because it was not her practice to calculate

locating fees for requests that she denies.

12. To date, UWM has not provided any records in response to Mr. Scott's

July 12, 2013 or August 15, 2013 requests.

August 27, 2013 Request

13. On or about August 27, 2013, Plaintiff Taylor Q. Scott requested in writing,

via electronic mail, that UWM produce for inspection the following records:

a. Any and all emails (including those deleted and in the ''Trash" folder or others deleted from that folder and backed up [or to be reconstructed] on the server) or other correspondence sent or received by UW-Milwaukee Dean of Students Timothy Gordon from 5/1/2013 to the current date concerning any of the following keywords:

2012098602 Taylor Scott Mr. Scott 17.09(11) 17.09(07) Be On the Safe Side BOSS

5

tqscott tqscott@uwm.edu 991142790 2012098602 "Student Association" (as one keyword, without quotes) 36.09(5)

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"public record" (as one keyword, quotes not included as part of the keyword) "public records" (as one keyword, quotes not included as part of the keyword)

b. Any and all emails (including those deleted and in the "Trash" folder or others deleted from that folder and backed up [or to be reconstructed] on the server) or other correspondence sent or received by UW-Milwaukee Vice Chancellor for Student Affairs Michael Laliberte from 1/1/2013 to the current date containing any of the following keywords:

2012098602 Taylor Scott Mr. Scott 17.09(11) 17.09(07) Be On the Safe Side BOSS tqscott tqscott@uwm.edu 991142790 2012098602 "Student Association" (as one keyword, without quotes) 36.09(5) "public record" (as one keyword, quotes not included as part of the keyword) "public records" (as one keyword, quotes not included as part of the keyword) illegal

A true and correct copy of the substance of the request is attached hereto as

Exhibit D.

14. On or about September 6, 2013, Defendant Amy R. Watson responded

to Plaintiff Taylor Q. Scott's August 27, 2013, request, stating, in pertinent part, that

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UWM would require Plaintiff Taylor Q. Scott to pay "locating fees" of a total of at least

$550 in order to respond to his request.

15. To date, UWM has not provided any records in response to Mr. Scott's

August 27, 2013, request.

CLAIMS

16. Plaintiff realleges and reincorporates herein the allegations of paragraphs

1-15, above.

17. Under Wis. Slats. § 19.31, it is the declared public policy of this state that

every citizen is entitled to the greatest possible information regarding the affairs of

government. Section 19.31, Wis. Stats., affirms the presumption of complete public

access to governmental records, consistent with the conduct of governmental business.

The statute provides that "[t]he denial of public access generally is contrary to the public

interest, and only in an exceptional case may access be denied." This is not an

exceptional case.

18. Defendants have violated the Public Records Law and Wis. Stats. §

19.37(1) by withholding and denying access in response to Plaintiff's records requests.

Defendants' reasons, as stated, for withholding the records violate the law because the

Defendants' asserted rationale for withholding records is inapplicable. The federal

Family Educational Rights and Privacy Act does not apply to the disclosure of the

requested records because they are not education records of Pahoua Xiong within the

meaning of that law.

19. In addition, upon information and belief, Defendants' demands for $125

and more than $550, respectively, in "location fees" exceed "the actual, necessary and

7

COPY

direct cost of reproduction or transcription of the record[s]" and are therefore excessive

and unreasonable and exceed the amounts that may permissibly be charged for records

requests under Wis. Slats. §19.35(3)(g).

20. Defendants' actions have caused and will continue to cause injury to the

Plaintiff in that they deprive him and the rest of the public of their rights under the Public

Records Law.

RELIEF REQUESTED

WHEREFORE, the Plaintiff demands a judgment of mandamus against the

Defendants pursuant to Wis. Stats. §19.37(1):

1. Compelling the Defendants to permit the Plaintiff forthwith to inspect and

copy the requested records;

2. Declaring the Plaintiff's rights and limiting the Defendants' conduct with

respect to the requested records;

3. Awarding Plaintiff his reasonable attorneys' fees under Wis. Stats.

§19.37(2); and

4. Awarding such other relief as the Court deems appropriate.

Dated this J.f:_ day of December, 2013.

April Rockstead Barker State Bar#: 1026163 Attorneys for Plaintiff, Taylor Q. Scott SCHOTT, BUBLITZ & ENGEL S.C. 16655 W. Bluemound Road, Suite #270 Brookfield, WI 53005 (262) 827-1700 (262) 827-1701-Fax abarker@sbe-law.com

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Public Records Request- 7/12/2013

From: Taylor Q. Scott <tqscott@uwm.edu> Subject: Public Records Request- 7/12/2013

To :Amy R. Watson <awatson@uwm.edu> Bee: Katherine Christine Rasch <kcrasch@uwm.edu>,

Emma Jean Borkowski <borkow26@uwm.edu>, Ryan Sorenson <sorens76@uwm.edu>, Michael Steven Ludwig <msludwig@uwm.edu>

Amy,

Fri, Jul 12, 2013 03:22PM

This is to request, under the State ofWisconsin's Public Records Law, Wis. Stat.§§ 19.31-19.39, and Regent Policy F50, li.B.3, inspection of

1. Any and all emails or other correspondence with and/or from and/or to Dean of Students Program Assistant Pahoua Xiong from 1/1/2013 containing any of the following keywords: 2012098602 Taylor Scott Mr. Scott 17.09 (11) 17.09 (07) Be On the Safe Side BOSS tqscott 991142790 2012098602

2. Any and all em ails or other correspondence with and/or from and/or to Vice Chancellor for Student Affairs Michael Laliberte from 1/1/2013 containing any of the following keywords: 2012098602 Taylor Scott Mr. Scott 17.09 (11) 17.09 (07) Be On the Safe Side BOSS tqscott 991142790 2012098602

https:!/pantherli nku'Mll.edu/zimbr alh/printmessag e?id= 515739

EXHIBIT

A 1/2

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Wisconsin's Public Records Law states, in relevant part "In recognition of the that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the a flairs of the government and the oflicial acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential Junction of a representative government and an integral pm1 of the routine duties of officers and employees whose responsibility and duty is to provide such inHxmation. II

Tl1e law continues "To that end [the Public Records Law] shall be construed in every instance with the presLm1ption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied."

Wis. Stat.§ 1 9.35(4)(a) states, "Each authority, upon request lor any record, shall, as soon as practicable and without delay, either fill the request or notily the requester of the authority's determination to deny the request in whole or in part and the reasons therefore." If my request is denied, please do so in writing and state what pm1 ofthe law you believe entities you to do so, and advise me oflhe process through which I may appeal.

Please contact me if you have any questions regarding this request, and thank you for your attention in this matter.

Best,

Taylor Q. Scott

Matters Most is How Well You Walk Through the -Charles Bukowski

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Re: Public Records Request- 7/12/2013

From: Amy R. Watson <awatson@uwm.edu> Subject: Re: Public Records Request- 7/12/2013

To: Taylor Q. Scott <tqscott@uwm.edu> Dear Taylor,

Thu, Jul 25, 2013 06:23PM

I have an update you your recent request.

First, am unable provide any emails to/from Pahoua Xiong, because she is a student at UWM and thus, her emails are protected by FERPA. Please see the rationale below records protected by FERPA.

Second, Vice Chancellor Laliberte estimates it will take approximately one hour to locate any responsive because we have learned from previous requests that the email search

is not exact. Thus, once a key word search is it still takes time to sort through the potentially resocnsive emails and filter out any that are non-responsive.

Thus, this request will involve a locating ee. A rough esLimate the fee is $125, would have be prepaid.

Please let me how you would like to proceed. If you wish to pay the fee, I can get an exact fee for you.

Thank yen::,

Amy R. Watson, J.D. Records Custodian

U'IV-MilVJaukee (414) 229-5188 (414) 229-6261 fax

FERP.Il. RATIONALE:

In determining to release Ms. Xiong's email records, I looked to the Family Educational Rights and Privacy Act (FERPA) as well as the Wisconsin Public Records Law (WPRL) .

':'he F:SScPA statute and regula-c.ions (20 TJ.S.C. § 1232g-, 34 C.F.R. https :1 /panther I ink uwrn edu/zi mbr a/h/pri ntmess ag e ?i d= 516146 EXHIBIT

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Part prohibit institutions from making a policy or practice of releasing non-directory personally identifiable information from education records absent prior written acthorization from a student. 20 U.S.C. § 1232g(b) (2) (A), 34 C.F.R. § 99.30. FER?A defines education as which information 6irectly related to a student; are maintained by an educational agency or institution or by a person acting for such agency or institution." 20 :J.S.C. § l232g(a) (4) (A). There are six exceptions to this definition, but none of them apply to

:;o-:es. 34 C.F.R § 99.30 end 20 U.S.C. :232g(a) (4) (B).

identifiable information of a student consists of:

''the name; the name of the student's parent or other family members; address of the student or student's family; a personal identifier, such as the student's social number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; information that, alone or in combination, is linked or linkable to a specific that would a:low a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable or information requested by a person who the educational agency or reasonably believes knows the identity of the student to whom the education record relates." 34 C.F.R. § 99.3.

In light of ?ERPA's prohibition on an educational releasing personally-identifiable information from educational records, I am withholding Ms. Xiong's email records.

balancing test of the WPRL supports this determination. If UWM were to release education records protected by FERPA, the

artment of Education could sanction UWM and could even withdraw federal funding that UWM receives through Department of Education programs. 20 D.S.C. § l232g(a) (1) (A), 34 C.F.R. § 99.1. This would have a devastating effect on the university, as many students would be unable to attend UWM without federal financial aid assistance. Thus, the public interest in ensuring the university complies with FER?A any interest in

By withholding Ms. Xiong 1 s email records, I am denying your request. Therefore, I required to you ttat deter:nination is subject. to mandamus (court review) under V·Jis. SLat. § 19.37 (l) (a.) or application to tl:e attorney general or district attorrcey §19.37 (l) (b).

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----- Original Message -----From: "Taylor Q. Scott" <tqscott@uwm.edu> To: "Amy R. Watson" <awatson@uwm.edu> Sene: Friday, July 12, 2013 3:22:49 PM Subject: Public Records Requesc - 7/12/2013

Amy,

This is to request, under the Srate of Wisconsin's PGblic Records Law, TJIJis. Stat. §§ 19.31-19.39, and Regent Policy FSO, II.B.3, .:Lcspection of:

1. Any and emails or other correspondence and/or from and/or to Dean of Students Program Assistant Pahoua Xiong from 1/1/2013 containing any of the following keywords:

Taylor Scott l'lr. Scotc 17.09 (11) 17.09 (07) Be the Safe Side BOSS tqsco::t 991142790 2012098602

2. Any and all emails or correspondence with and/or and/or to Vice Chancellor for Student Affairs Michael Laliberte from 1/1/2013 containing any of the following keywords: 2012098602 Taylor Scott fvlr. Scott 17.(J9 (11) 17.09 (07) Be On the Safe Side BOSS tqscott 991142790

Wisconsin 1 s Records Law states, in relevant paYt ''In recognition of the fact that a representative is dependent upon a:-1 inforr:1ed electorate, it is declared to be the

https J /panther I i nk U\M11 .ed ulzi mbra/hlpr i ntmes sag e ?1d== 516146 3/4

11/21113 panther LINK COPY public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of the government and the official acts of those officers and employees who represent them Further, providing persons with such information is declared to be an essential function of a representative and an integral part of routine duties of officers and employees whose responsibility and duty is to provide information.''

The law continues "To that end [the Public Records LavJ] shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied. 11

iJJis. Stat.§ 19.35(4) (a) states, "Each authority, t1pon reqLest for any record, shall, as soon as practicable and without delay , either fill the request or notify the requester of the authority's determination to deny the request in whole or and the reasons therefore." If my request is denied, please do so in writing what part of the law you believe entities you to do so, and advise me of the process through which I may appeal.

Please contact me you have any questions regarding this request, and thank you your attention in matter.

Best,

Taylor Q. Scott

-What is How Well You Walk Through the Fire.-- Charles Bukowski

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11/21!13 panther LINK COPY pantherLINK tqscott@ uwm.edu

Re: Public Records Request- 7/12/2013

From :Taylor Q. Scott <tqscott@uwm.edu> Subject: Re: Public Records Request- 7/12/2013

To: Awatson@uwm.edu

Wed, Jul 31, 2013 08:21 PM

J\rr: y,

I was wondering again if you could give me the procedures for how you obtain your records? Is the process Do you internal policy and/or procedure? Do you have policy and/or procedure adopted by any shared governance bodies? Again, is it an 'honor system' or do You have a third oartv

c "

obtain the records?

Also, could you please look over and respond response regarding Pahoua Xiong's records?

is Pahoua Xiong's official position title is within the Dean of Office? She has me as a Dean of Students Office Program Assistent. When she is emailing me regarding matter is you doing so in her capacity as a or as an official with the Dean of Students Office? When she corresponds regarding cases is it in her capacity as a student or as an official with the Dean of Students Office? To clarify, this is

while she is in capacity of Dean of Students Assistant, not her personal records.

Thar.ks,

Taylor Q. Scotct

the courage to act of -Earlene Larson Jenks

----- Original Message From: tqscott@uwm.edu To: Amy R. Watson &lt;awatson@uwm.edu&gt; Sent: Thu, 25 Jul 2013 22:53:36 -0500 (COT) Subject: Re: Public Records Request - 7/12/2013

Amy,

am not requesting any ''educational as it relates to Pahoua Xiong, so I would have to completely ana

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Public Records Request- 8/27/2013

From: Taylor Q. Scott <tqscott@uwm.edu> Subject : Public Records Request - 8/27/2013

To :Amy R. Watson <awatson@uwm.edu>

Tue, Aug 27, 2013 07:26PM

Amy,

This is to request, under the State of Wisconsin's Public Records Law, Wis. Stat. §§ 19.31-19.39, and Regent Policy F50, II.B.3, inspection of:

1. Any and all em ails (including those deleted and in the "Trash" ±older or others deleted fi·om that folder and backed up [or to be reconstructed] on the server) or other correspondence sent or received by UW-Milwaukee Dean of Students Timothy Gordan from 5/1/2013 to the current date containing any of the following keywords: 2012098602 Taylor Scott Mr. Scott 17.09 (11) 17.09 (07) Be On the Safe Side BOSS tqscott tqscott@uwm.edu 991142790 2012098602 "Student Association" (as one keyword, without quotes) 36.09(5) "public record" (as one keyword, quotes not included as pmi of the keyword) "public records" (as one keyword, quotes not included as part of the keyword)

2. Any and all em ails (including those deleted and in the "Trash" folder or others deleted fi·om that folder and backed up [or to be reconstructed] on the server) or other correspondence sent or received by UW-Milwaukee Vice Chancellor for Student Affairs Michael Laliberte from 1/1/2013 to the current date containing any of the following keywords: 2012098602 Taylor Scott Mr. Scott 17.09 (11) 17.09 (07) EXHIBIT

https '//panther I i nk uvvrn. edul zi mbralh/pr i ntmes sag e ?id= 5: 6580 D 113

11/21/13 panther LINK COPY Be On the Safe Side BOSS tqscott tqscott@uwm.edu 991142790 2012098602 "Student Association" (as one keyword, quotes not included as part of the keyword) 36.09(5) "public record" (as one keyword, quotes nor included as part of the keyword) "public records" (as one key.vord, quotes not included as part of the keyword) illegal

Wisconsin's Public Records Law states, in relevant part "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of the government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility and duty is to provide such information."

The law continues "To that end [the Public Records Law] shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied."

Wis. Stat. § 19.35(4)(a) states, "Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefore." If my request is denied, please do so in writing and state what part of the law you believe entitles you to do so, and advise me of the process through which I may appeal. Wis. Stat. § 19.35(4)(a)

As your fee structure is based on the salary of the individual that is being requested and them obtaining the records in question themselves, due to concerns about the financial burden placed on requestors and the integrity of the records that are being put forward by requestees, I would request that a third party such as an assistant in your office or yourself directly obtain the records. Please let me know if this is possible.

Also, I would like to clarify that my previous request of Pahoua Xiong and VC Laliberte's records were from 1/1/2013 to the date I requested the records. Do you still uphold the FERPA rationale you sent and the finder's fee or are you able to release the records?

Please contact me if you have any questions regarding this request, and thank you for your attention in this matter.

https :1 /panther 11 nk uvvm. edu/zi mbr a/h!pri ntrres sag e ?i d= 516580 2J3

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Best,

Taylor Q. Scott

-What Matters Most is How Well You Walk Through the -Charles Bukowski

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