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Old ORR news 'Court sides with teachers in e-mail dispute'. JSOnline.com 16 July 2010

Doug Huffman

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http://www.jsonline.com/news/wisconsin/98595669.html
Vilmetti said:
Chief Justice Shirley Abrahamson wrote the lead opinion, joined by justices N. Patrick Crooks and David Prosser. It concludes that content of an e-mail - not its author or the account it was written on or whether it was done during an employee's work day - determines whether it amounts to a public record. So a teacher's e-mail to a spouse about a child care arrangement, having no connection to a government function, would not be a record.

But the dissent points out that none of the justices has ever seen the content of the e-mails in question, and that by allowing government employees to apply their own "personal" label on some e-mails creates a "broad, blanket exception" to the public records law.
We make great use of Chapter 19, Wisc. Stats., Subchapter II, but need to remember that it is not without its limitations. We must perform our due diligence and exercise discretion. That is not always the case, and worse, not always the case for would-be 'leaders'.

Here is the link URL to WiCourts.gov and the decision and opinions

http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=52285 107 pages (a long document) 287 KB
 
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