DEPARTMENT OF CORRECTIONS WISCONSIN
Division of Management Services Of?ce of Records Management Wisconsin Statutes
DOC-1160 (Rev. 2/2013) Sections 19.35 19.36

RECORD REQUEST RESPONSE

INSTRUCTIONS: Please print (use a pen) or type this response. Prepare an original and one copy for ?le.

YOUR APPEAL RIGHTS: If your request was made in writing and all or a portion of the request was denied, you may appeal the denial
by writing to the Department Legal Custodian, Bill Clausius, at Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925,
within 90 days of the date of the denial. Please include a copy of your original request as well as a copy of this form. If the Department
Record Custodian upholds this decision, you can further appeal by petitioning the Circuit Court for a writ of mandamus ordering release of
the record(s), or you may apply to the Attorney General or the District Attorney of the county where the records are held.

 

NAME: Bill Lueders
ADDRESS:

 

CITY, STATE, ZIP CODE:

 

 

 

 

TELEPHONE FAX LOCATION OF RECORDS

NUMBER: 608-659-4712 NUMBER: blueders@wisconsinwatch,org COUNTY: Dodge

REQUEST INFORMATION DATE OF REQUEST: I DATE REQUEST RECEIVED:
9/19/2014 9/19/2014

 

 

 

REQUEST FORMAT - Your Request Was: (Check One)
El ORAL WRITING .
RECORDS REQUESTED - You Asked For: (Check One)

El Record(s) as described in the attached copy of your request. (ATTACH COPY)
The following record(s): of any disciplinary investigation and/or disciplinary action in calendar
year 2014 concerninq correctional officer Thomas Lucas.

 

RESPONSE (Check all that apply)

GRANT OF REQUEST See section for details about the manner in which you will receive record access.
Your ENTIRE request is granted. See "Additional Comments" section for details about the manner in which you will receive
record access.
The following PART of your request is granted:

INSUFFICIENTLY LIMITED REQUEST Your request is not reasonably limited as to subject matter or length of time represented by the
record(s). Therefore, the request does not qualify under Wisconsin's Public Records Law. However, if you revise your request, it will be
re?evaluated.

El Your ENTIRE request is insuf?ciently limited.
The following PART is insuf?ciently limited:

STATUTORY DEFINITION Wisconsin?s Pubiic Records Law applies only to materials within the statutory de?nition of a
record". Requests for materials exempt from the "record" de?nition do not qualify under the Public Records Law.

Your request asked for material which is exempt from the "recor definition because:

The following PART of your request asked for material which is exempt from the "record" de?nition because:

-- NO DOCUMENTS
El N0 DOCUMENTS or other materials were found meeting your description.
For the following PART of your request we found no documents or other materials:
The only disciplinary investigation concerning Thomas Lucas in 2014 was the PREA investigation which
has been responded to by the Office of Special Operations. No other documents exsist.
Distribution: Original Requester, Copy Records Custodian

 

DEPARTMENT OF CORRECTIONS WISCONSIN
Division of Management Services Office of Records Management Wisconsin Statutes
DOC-1160 (Rev. 212013) Sections 19.35 8. 19.36

DENIAL OF REQUEST
Your ENTIRE request is denied.
The following PART of your request is denied:
Disciplinary action in calendar year 2014 concerning Thomas Lucas.

REASON FOR DENIAL
El CONFIDENTIALITY LAW. Your access to the record(s) is prohibited by the following statutes, rules, or regulations:

El COMMON LAW BALANCING TEST (where no con?dentiaiity law applies). Your access to the record(s) would be so harmful to
the public interest as to outweigh any presumed right to access to the record(s). Disclosure would be of overriding harm for the
foliowing reason(s):

An in progress would be impeded by the record access. -

INFORMANTS described in the record(s) would be jeopardized by the record access by being subject to
retaliation, discouraging future informants.

The RECORD SUBJECT may be jeopardized by being subject to harassment or other intimidation of a
nature contrary to the public interest. 

A BREACH OF SECURITY would result from the record access.

OTHER:
Under ?230.13, Wis. Stats, certain records regarding personnel matters may be kept
closed to the public. Among those records are ?dismissals, demotions, and other
disciplinary actions." Although this statute references only the Department of
Administration (DOA), Office of State Employment Relations (OSER), it applies
equally to. other state agencies since the Director of OSER has delegated the
maintenance of personnel records to other agencies including the DOC. (See.
m) and Wis. statute is indicative of the
legislature?s intent to protect records of this nature from release. Sec. 995.50, Wis.
Stats, also reflects the legislature's recognition that employees have legitimate
privacy and reputational interests in these types of matters.

Disclosure of the requested disciplinary information would also have a number of other
potential adverse effects on the department including exposing its employees to
harassment and ridicule, infringing upon their privacy and reputations, reducing
employee moral, and inhibiting the department?s ability to hire and retain competent
personnel. if disclosed, this information could also foster ill will among staff and
endanger relationships, thereby affecting institution security and staff safety. Finally,
disclosure of any disciplinary action taken would discourage employees from admitting
their involvement in the conduct which was the subject of the investigation, thereby
making it more difficult and expensive for the department to investigate, supervise and
control staff behavior within the institution.

Aside from the security concerns identified above, there is a concern that if the
requested disciplinary action was disclosed publicly, it could be obtained by inmates
within the institution who could then use it to threaten, intimidate, leverage,
compromise or otherwise undermine the identified staff member. This in turn would
jeopardize the safety cf other staff members and inmates and threaten the security of
the institution. Finally, disclosure of any disciplinary action then would discourage
employees from admitting their involvement in the conduct which was the subject of
the investigation, thereby making it more difficult and expensive for the department to
investigate, supervise and control staff behavior within the institutions. For these
reasons the state?s interest in protecting this information outweighs your interests in
receiving it.

Distribution: Original Requester, Copy Records Custodian

 

DEPARTMENT OF CORRECTIONS WISCONSIN
Division of Management Services Of?ce of Records Management Wisconsin Statutes
DOC-1160 (Rev. 21201 3) Sections 19.35 19.36

The protection of public employee?s personnel records is further recognized in Sec.
103.13, Stats. This provision allows employees to review their own personnel records,
but places restrictions on those individuals who may have access to the records
without the authorization of the employee. (See Sec. Stats). Providing you
the records you have requested would be contrary to the legislature?s intent to protect
the privacy interests of public employees such as those involved here. The underlying
public policy reasons for the above referenced provisions regarding the nondisclosure
of personnel and disciplinary records are adopted for purposes of this response and
incorporated herein.

For these reasons the state?s interests in protecting the requested information outweigh
your interests in obtaining it.

 

EXPLANATION OF FEES:
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SEND PAYMENT - WITH A COPY OF THIS REQUEST TO:
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ADDRESS:

 

P:

ADDITIONAL COMMENTS:
The only disciplinary investigation concerning Thomas Lucas in 2014 was the PREA investigation which has been
responded to by the Office of Special Operations.

 

 

 

PRINT OR TYPE RECORD NAME OFFICE FACILITY REPRESENTED
Beth Kwakkel Interim DCI HR Records Custodian

RECORD SEGNA RE I I DATE SIGNED
iw'  10/22/2014

 

 

 

Distribution: Original Requester, Copy Records Custodian