Files on Foxconn facility

Liam Knox filed this request with the Wisconsin Department Of Workforce Development of Wisconsin.
Due March 15, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Liam Knox


To Whom It May Concern:

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

A copy of all communications, memos, and other documents related to the Foxconn factory in Mt. Pleasant, Wisconsin, from 2013-2019, including:
Internal agency emails including the keywords "Foxconn" and "Mount Pleasant facility"
Communications with Foxconn employees and administrators regarding the facility and/or conditions for its construction
Reports on the facility and its environmental and economic impact
Communications, memos or reports on the salary, conditions and responsibilities of workers at the Foxconn facility
Communications from Wisconsin constituents about the Foxconn facility

I request that I be properly classified as a news media requester. I am an intern for MuckRock, and I am requesting this information in that editorial capacity. MuckRock is widely known for its investigative work as well as historical pieces based on public records requests.

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.

Sincerely,

Liam Knox

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From: Wisconsin Department Of Workforce Development

Mr. Knox:

I am writing in response to your records request below, which you appear to have emailed twice.

Wisconsin's Legislature has declared that open records are the policy of the state. Wis. Stat. § 19.31. While this policy of openness is strong, the right to inspect public records is not absolute. See State ex rel. Youmans v. Owens, 28 Wis. 2d 672, 681, 137 N.W.2d 470 (1965); Munroe v. Braatz, 201 Wis. 2d 442, 449, 549 N.W.2d 451 (Ct. App. 1996).

The public records law does not impose unlimited burdens on authorities and records custodians. See State ex rel. Gehl v. Connors, 2007 WI App 238, ¶13, 306 Wis. 2d 247, 742 N.W. 2d 530. The public records law will not be interpreted to impose such a burden upon a records custodian that normal functioning of the office would be severely impaired. Schopper v. Gehring, 210 Wis. 2d 208, 213, 565 N.W.2d 187 (Ct. App. 1997). At some point, an overly broad request becomes sufficiently excessive to warrant rejection pursuant to Wis. Stat. § 19.35(1)(h). Gehl, 2007 WI App 238, ¶ 24, 306 Wis. 2d 247, ¶ 24, 742 N.W.2d 530, ¶ 24.

Your request seeks six years of records and fails to identify even a single individual. While the actual number fluctuates on a bi-weekly basis, the Department of Workforce Development employs roughly 1,600 people. Identifying potentially responsive records would require the Department's Bureau of Information Technology to perform an electronic search of all current employees and a manual search of former employees' archives. Moreover, once both searches were complete, each document would need to be reviewed by Department staff to remove any confidential information such as social security numbers, that the responsive documents might contain.

In short, processing the huge volume of records that you have requested would significantly impair the functioning of Department, inhibit performance of job duties and responsibilities, and prevent staff from serving the citizens of this state. Your request is therefore denied as too overbroad to require response under the public records law.

If you believe your request has been improperly denied, you may have a right to have the determination reviewed by mandamus order under Wis. Stat. § 19.37(1)(a) or by application to the attorney general or district attorney, pursuant to Wis. Stat. § 19.37(1)(b).

Jennifer Wakerhauser
Deputy Legal Counsel
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7946
Madison, WI 53707

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

From: Liam Knox

Hi Jennifer,

I understand the rejection based on the broad parameters of my search. In light of this, I would like to appeal the rejection by issuing a revised request with more narrow parameters:

I am seeking a copy of all communications sent to or from the offices of Caleb Frostman, Ben Jedd, and James J. Daley from 2015-2019 that include the keywords "Foxconn" and "Mount Pleasant Facility" (or "Mt. Pleasant Facility").

Please let me know if this a more reasonable request, and if there are any fees associated with it. I am still requesting a fee waiver because this information is in the public interest and will not be used for commercial purposes.

Thank you!

Liam Knox
MuckRock News

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From: Wisconsin Department Of Workforce Development

Mr. Knox:

Attached please find the records responsive to your revised request below. Note, the Department of Workforce Development does not employ James J. Daley and has no record of an email account for Mr. Daley during the period for which you have requested records.

You may want to contact the Wisconsin Employment Relations Commission ( http://werc.wi.gov/) regarding that portion of your request.

Jennifer Wakerhauser
Deputy Legal Counsel
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7946
Madison, WI 53707

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

From: Liam Knox

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Liam Knox

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From:

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec_6895_p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

From: Wisconsin Department Of Workforce Development

Hello -

This AM you asked for an update on your request. Responsive documents were sent to you on Feb. 27th. Those documents satisfied the request.

Is there something else in addition to what was previously sent that we can help you with?

Tyler L. Tichenor
Communications Specialist, Adv.
DWD Communications Office
Office: 608-267-4780
Cell: 608-630-6391
201 E. Washington Avenue
Madison, WI 53703

Twitter: @WIWorkforce<https://twitter.com/WIWorkforce>
Facebook: /WIWorkforce<https://www.facebook.com/WIWorkforce>
YouTube: /wiworkforce<https://www.youtube.com/user/wiworkforce>

From: Liam Knox

Hi Tyler,

My apologies! The system for filing our public records requests has an automatic follow-up feature; usually it disables after the request is completed, but I must have forgotten to mark it. No, these documents are enough -- thank you for checking!

Best,

Liam Knox
MuckRock News

Files

pages

Close