Anderson, Jonathan From: Sent: To: Cc: Subject: Attachments: Brunette, Jacob C. Monday, November 07, 2016 8:44 AM Anderson, Jonathan Langreck, Clinton; Hirsch, James RE: Response to open records request 6-7-2016-B Pages from Open Records from Oneida County - Lech 1.pdf; Investigation report Redacted.pdf Included with this correspondence are the records that are subject to disclosure pursuant to your August 18, 2016 open records request regarding the Lee Lech hiring investigation. The disclosure is based upon review of your requests under the Public Records Law in Wis. Stat. 19.31 et seq., statutory and common law exceptions to disclosure, and the balancing test required under the Public Records Law. Entire records or portions of records were not disclosed for the following reasons: 1. Clark County Board of Supervisors (Board) reviewed the investigation report concerning the hiring process of Lee Lech on October 4, 2016. The Board asserts the investigation report is privileged in its entirety under attorney-client and/or work product privileges. The Board waived privilege to the portions of the investigation report that are unredacted only. a. See George v. Record Custodian, 169 Wis. 2d 573 (Ct. App. 1992) ("if a document pertaining to a nonpending claim involves a communication to the attorney general covered by the attorney/client privilege, the communication cannot be disclosed without the client's consent"); Wisconsin Newspress, Inc. v. School Dist. of Sheboygan Falls, 199 Wis. 2d 768 (1996) ("Although the Newspapers only seek the disclosure of a portion of the letter, the release of such portion of this attorney letter would reveal information protected by the attorneyclient privilege. The Newspapers argue that the attorney-client privilege generally does not apply to communications from the lawyer to the client . . . However, an exception is where disclosure of the communication would indirectly reveal the substance of the District's confidential communications to its lawyer."); Wis. Stat. ยง 804.01(2)(c)(1) (work product statute). 2. The Oneida County records are provided as received from Oneida County with no additional redactions by Clark County. 3. Any notes, audio, and/or pictures produced by Attorney Jenifer Binder as part of her investigation into the hiring of Lee Lech are protecting protected under attorney-client and/or work product privileges and are not subject to disclosure. 4. Any other records that Attorney Jenifer Binder may have relied upon as part of her investigation in the hiring of Lee Lech were disclosed as part of your previous open records requests from May 25, 2016; June 3, 2016; and June 7, 2016. The nondisclosure of portions of the attached records is subject to review in an action for mandamus under Wis. Stat. 19.37(1) or by application to the local district attorney or the Wisconsin Attorney General. The disclosure should include the investigation report as well as three (3) separate files containing the Oneida County records. The Oneida County records will be sent in multiple emails due to the size of the files. This email contains the first of three sets of Oneida County records. Jacob C. Brunette Corporation Counsel Clark County 517 Court Street Room 301 Neillsville, WI 54456 1