03/10/07

Sunshine Week 2007

DOJ government watchdog investigates fraction of complaints



By TODD RICHMOND
Associated Press Writer

MADISON, Wis. (AP) -- The state Justice Department's government watchdog squad has declined to formally investigate more than 90 percent of the complaints it has received over the last three years, an Associated Press review found.

But agency officials insist they weigh each one and don't ignore the public.

Former Democratic Attorney General Peg Lautenschlager created the Public Integrity Unit to enforce Wisconsin's open records and meetings laws, and crack down on government corruption.

The squad has sorted through hundreds of complaints about local squabbles ranging from a barking dog to secret settlements. Questions about the unit's future have lingered since new Republican Attorney General J.B. Van Hollen took office in January.

Van Hollen said he believes the unit generally investigated cases that deserved it.

"I don't know all the individual cases. Generally cases, the things that merit investigation are going to be investigated. But you're going to have contacts of people who are just asking a simple question, and people who are expressing a concern and just need to be redirected to the appropriate place," Van Hollen said.

The AP review -- conducted to coincide with Sunshine Week, a nationwide effort to draw attention to the public's right to know -- found the unit opened 411 files between the beginning of 2004 and the end of last year, launching formal investigations in 25. Justice defines a formal investigation as involvement by an agent from the agency's criminal division.

Eight complaints resulted in court actions. The unit closed 51 files after inquiries that may have included interviews and obtaining documents but fell short of a formal investigation. Most of the rest were handled through correspondence that noted resolutions short of an investigation, including declarations that no violations were found, suggestions to seek help from local prosecutors or private attorneys and training in state law for government officials.

Larry Cain, a former Outagamie County supervisor, called the squad's performance "depressing."

The unit declined to investigate two complaints Cain filed in 2006 alleging Sheriff Brad Gehring mailed personal Christmas cards in department envelopes and overcharged for security at a concert. The unit referred him to District Attorney Carrie Schneider, whom Cain claims ignored him.

"What we have here in Outagamie County is a hopeless situation unless someone comes in from the outside and does something," Cain said.

The unit doesn't turn its back on people, but most complaints can be handled without a formal investigation, Deputy Attorney General Ray Taffora said. Often the unit can resolve matters by guiding someone to the proper local authority or offering counseling in open meetings and records laws, he said.

"There are lots of governments in Wisconsin and lots of small governments. And while most government officials ... are conscientious about their duties, some of them just don't know what the law is," Taffora said.

People turn to the Justice Department because negotiating government is confusing and the attorney general is the best-known lawyer in the state, Taffora said. The outcomes reflect the judicial system, where most lawsuits and prosecutions don't go to trial, he said.

"You would no more say that the Department of Justice is ... not concerned, or lazy or not following up than you would say the judges are not following up on cases that are filed in the court system," Taffora said.

The unit has scored some high-profile victories.

It won a settlement with the state Department of Transportation in January that found the agency guilty of delaying a records request for months.

In 2004 the unit forced the city of Rhinelander to release a settlement with an insurance company over a landfill cleanup. And it's brought five criminal cases in the last three years.

Bill Lueders, president of the Wisconsin Freedom of Information Council, said many complaints likely lack substance. Plus, the unit picks and chooses winnable cases, he said.

"The problem is there are a lot of areas that are gray and people are quick to make allegations," Lueders said.

Schneider, the district attorney, didn't return messages. Gehring, the sheriff, denies any wrongdoing and considers the allegations politically motivated. He said the Public Integrity Unit works.

"It's weeding through the complaints and the claims," he said.

But Jay Heck, director of the nonpartisan watchdog group Common Cause Wisconsin, called the number of formal investigations "dismally" low. The unit was created with much higher expectations, he said.

"People need a place to go if they feel they're being shut out of the process," he said.

Van Hollen said he wants to make sure government is as transparent as possible. He plans to step up training sessions for local officials.

Justice will continue to handle complaints about meetings, records and government corruption, he said, adding he probably won't get rid of the Public Integrity Unit title. But some of the caseload could fall to the new Government Accountability Board, Van Hollen said.

That board will have an unlimited budget to investigate corruption and will enforce laws involving campaign finance, elections, ethics and lobbying. It could be up and running by the end of the year.
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On the Net:
Wisconsin Department of Justice: http://www.doj.state.wi.us/dls/crimlitt.asp