DA Says Falls School Officials Didn't Violate Open Records Law

Former Menomonee Falls Superintendent Keith Marty and School Board President Kathy Shurilla will not have criminal charges brought against after several complaints were lodged with the district attorney alleging they violated Wisconsin Open Records Law.

In a memo released Friday, Waukesha District Attorney Brad Schimel said there isn’t enough evidence to build a case against Shurilla and Marty.

Four hours before the School Board two-year contract with the teachers union May 23, WISN Radio talk-show host Mark Belling on air asked Marty to release the ratified contract document to the public. During the meeting, several people in attendance also requested the board delay the vote, and release the contract for the public to view.

The teachers union and School Board had reached a prior to the meeting. However, the document was not released to the voted to approve the contract unanimously.

Between May 24 and May 26 Schimel received four open records complaints regarding the board’s action, which includes the complaint .

Schimel stated that Open Records Law does not require an immediate response to a request, and there was no evidence that the delay in filling the request was arbitrary or capricious.

“I conclude that a case could not be made that that the time frame involved before the release of the records in question in this case is unreasonable,” Schimel stated in the memo.

The district contended that four hours prior to a meeting was not enough time to fulfill the request made by Belling and others at the meeting. The district would have needed legal counsel before releasing the record due to a confidentiality agreement signed between the School Board and the teachers union.

The agreement prohibited negotiating team members from discussing negotiations with the media, and all press releases would need to be agreed upon by both parties. In order to fulfill the request, the district would have needed legal counsel to determine whether disclosure of the record would violate this bargaining rule agreed upon with the union.

The district contended that it was unreasonable to expect legal counsel to be fulfilled within hours of the request. Schimel agreed with the district’s assertion.

“I cannot conclude that it was arbitrary or capricious for the district representatives to decline to release the record four hours prior to a scheduled School Board meeting without first consulting legal counsel relating to an ongoing labor relations matter,” Schimel stated.