How close can we get to meltdown
 in game of public records chicken?

 

GOSH, there are so many records we can’t find although everything is archived, library director says (in so many words)

 

By GEOFF DAVIDIAN

Editor, ShorewoodVillage.com

SHOREWOOD, Wis. (July 3, 2005) – Library Director Beth Carey says she “cannot locate any records” showing even one library trustee reviewed ShorewoodVillage.com articles or other material presented for their inspection before the trustees voted to uphold a denial of a Web link to this site.

 

Responding to a June 22, 2005 demand to inspect records under the state Public Records Act, Carey also reports she “cannot locate any records” indicating whether she made arrangements for any trustee to view the thousands of pages of documents left at the library under rules established by the Library Board especially for the ShorewoodVillage.com appeal of the denial of a Web link by the library.

 

Carey also reports she “cannot locate any records” that established a policy of safeguarding the documents, which were to be the only method of providing trustees with written material prior to their June 13 vote.

 

Meanwhile, Carey is passing her responses to requests for records through the village manager, Chris Swartz, rather than responding directly.

 

Records produced by Swartz show library officials continued to subvert an agreement by the village to use a Shorewood government email system, opting instead to use private or business addresses. While Ms. Carey repeatedly acknowledged that she was told by the former village manager, Ed Madere, that the village agreed to archive all official email, board members – and the Library Board president himself – continued to chat among themselves outside any official system for a year.

 

The village’s attorney agreed to settle a public records case in April 2004, promising Shorewood would stop destroying email and would archive all official correspondence, as required by state law.

 

But it was not until April 2005 that Carey notified the village that library trustees were requesting email accounts “similar to the accounts for village trustees.

 

The previous month, Carey wrote that a request to inspect the archive was too broad because there were “thousands” of messages. She did not say that the library did not archive ALL mail. See the correspondence.

 

In an April 1, 2005 letter to Village Attorney Pollen, ShorewoodVillage.com demanded that the Village abide by the terms of the 2004 settlement and for Pollen to make the archive, if it exists, public. In the same letter it was pointed out the board of trustees may dissolve the Library Board or unseat directors for failing to perform.

 

In an April 6, 2005 response addressed to Village Manager Chris Swartz, Pollen ignored the fact that the library had failed to establish an email system for officials and that there was not a complete archive. Instead, Pollen writes that the inquiry to inspect the archive was “outside the scope of Wisconsin Law because” the archive from the date of the agreement to establish an archive – a year earlier – was without “a reasonable limitation as to subject matter or length of time.” That is, Pollen used the state Public Records Act to explain why the Library should not have to prove it had established an archive as required by a lawsuit settlement.

 

Behind the scenes, Pollen, Swartz and the library director finally responded to the evidence that they were violating the settlement agreement and Carey formalized the transition by crafting the April 5 memorandum to the village.

 

Even so, in a huffy sounding letter dated June 16, 2005, an arrogant Library Board President Jeff Hanewall acknowledged he continues to destroy correspondence he receives from ShorewoodVillage.com that is sent to his business address or fax, apparently ignorant of or indifferent to records showing he continued to correspond outside the established official system in his official capacity after the government-hosted email system was set up in April.

 

On June 24, correspondence addressed to Madison attorney Ted Waskowski, who represented the village in the settled public records case, invited him to meet in Shorewood to resolve the breach. He has not responded. A copy of that letter was forwarded to Circuit Judge Clare L. Fiorenza.