FOIA - Kenosha PD - AARs from August 23rd, 2020 to August 26th, 2020

J Ader filed this request with the Kenosha Police Department of Kenosha, WI.
Est. Completion None
No Responsive Documents


From: J Ader

To Whom It May Concern:

Pursuant to the Wisconsin Open Records Act, I hereby request the following records:

All After Action Reports (AARs) from August 23rd, 2020 to August 26th, 2020.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.


J Ader


Please see attachment

Lieutenant Joseph Nosalik
Public Information Officer
City of Kenosha Police Dept.
Kenosha, WI 53140

From: J Ader

To whom it may concern,

I am formally appealing the alleged non-existence of responsive records to my original request here. My original request for "All After Action Reports (AARs) from August 23rd, 2020 to August 26th, 2020." - which was submitted to the Kenosha Police Department on August 25th, 2020 - was responded to on September 25th with a allegation of "[no] responsive records" being found after a search.

Do let me know if you need any further information from my end.

- J. Ader

From: Kenosha Police Department

Below is the interpretation and guidance contained within the State of Wisconsin Attorney General's Open Records Law Handbook.

"[T]he public records law does not require an authority to provide requested information if no record exists, or to simply answer questions about a topic of interest to the requester." The Attorney Generals' handbook additionally states, "An authority is not required to create a new record by extracting and compiling information from existing records in a new format.

Wisconsin State Statute 19.37(1)(b) indicates that "The requester may, in writing, request the district attorney of the county where the record is found, or request the attorney general, to bring an action for mandamus asking a court to order release of the record to the requester. The district attorney or attorney general may bring such an action."

In this instance the custodian of record has indicated that the record requested does not exist. Therefore there is nothing to review via the mandamus process. No further action will be taken.

If the requestor disagrees with this analysis, state law affords the requestor the option of availing themselves of the mandamus process by petitioning the Circuit Court for Kenosha County individually if the requestor so chooses.

Brian Stuht
Kenosha County District Attorney's Office
262-653-2855 office
262-653-2783 fax