I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.
A while back, I wrote about the Open Records request and how on one of them the City or Mayor McCue was stonewalling or just plain ignoring the request and Wisconsin’s Attorney General J.B. Van Hollen was sent a letter detailing such disregard to the law.
I was sent a copy of a letter dated September 9th explaining that the “Custodian of Records – City of Cudahy” Mayor Ryan McCue claimed to never have received the request dated June 26, 2008.
Here is the scanned document.
I should give Mayor McCue an apology for this claim of stonewalling since if he didn’t receive it and someone else in the City government failed in doing their job than the blame belongs somewhere else.
I think we should all know who failed at doing their job. That way we can place the proper blame where it belongs!
I wonder what the process is at City Hall once the request has been given. Maybe the City needs to review that process and make corrective changes. Understand that things fall through the cracks, but this is a matter for law.
Open records law section 19.31-19.39 –
The Law says:
A response is mandatory, while it is not required to be in writing, you can request a written response
The Attorney General has opined that 10 working days is generally a reasonable period of time to respond to a request.
That requests for public records should be given a high priority.
Arbitrary or capricious delays or denials without sufficient cause or reasons can cost the custodian punitive damages up to $1,000 dollars.
If your request is in writing, then it is incumbent upon the custodian to provide a denial or partial denial in writing.
A custodian must provide specific reasons for the denial.
The purpose of the written denial is to restrain custodians from simply denying access to records. It also gives the requestor notice of reasons for denial and allows the requestor to re-draft another request or prepare a legal challenge.
Maybe disabled Cudahy Firefighter Dennis LeDoux needs to contact Wisconsin’s Attorney General J.B. Van Hollen since he has not been able to get his open records request fulfilled!