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CREW I

citizens for responsibility


and ethics in washington

February 23,2011

By Facsimile (608-267-4495) and First-Class Mail

Stephen Fitzgerald
Superintendent
Wisconsin Department of Transportation
P.O . Box 7912
Madison, WI 53707-7912

Dear Superintendent Fitzgerald:

Citizens for Responsibility and Ethics in Washington (CREW) makes this request for
records, regardless of format, medium, or physical characteristics, and including electronic
records and information, pursuant to the State of Wisconsin's Public Records Law , Wis . Stat. §§
19.31-19.39.

Specifically CREW requests:

(l) all records of communications between any individuals in or on behalf of the


Wisconsin Division of State Patrol and any individuals in or on behalf of the Wisconsin Office of
the Governor regarding the request of Governor Scott Walker to dispatch the Wisconsin State
Patrol on Friday, February 18, 2011, to find Senate Democratic Minority Leader Mark Miller;

(2) all records of communications regarding the location, attendance, or retrieval of any
and all members of the Wisconsin State Senate from February 14,2011 to the present;

(3) all records of any communications or actions to compel any member of the Wisconsin
State Senate to attend a legislative session from February 14,2011, to the present;

(4) all records of contacts and/or communications between Superintendent Fitzgerald


and /or Senate Majority Leader Scott Fitzgerald from February 14,2011 to the present regarding
the request of Governor Walker to dispatch the Wisconsin State Patrol on Friday, February 18,
2011 , to find Senate Democratic Minority Leader Mark Miller; and

(5) all records reflecting any communications or discussions within and /or outside the
Wisconsin Department of Transportation regarding whether to send a state trooper to find Senate
Democratic Minority Leader Mark Miller or any other member of the Wisconsin State Senate
from February 14,2011 to the present.

1400 Eye Street, N.W. , Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I www.citizensforethics.org
.~,
Stephen Fitzgerald
February 23,2011
Page Two

As used herein the term "record" includes electronic records, audiotapes, videotapes,
photographs, computer print-outs, telephone messages, voice mail messages, daily agenda and
calendars, and information about scheduled meetings . Wisconsin' s Public Records Law
specifically defines "record" to include information maintained on paper as well as electronic ally,
such as data files and unprinted emails. Wis. Stat. § 19.32(2) .

Wisconsin 's Public Records Law also requires you to construe this request "in every
instance with the presumption of complete public access consistent with the conduct of
government busine ss." Wis. Stat. § 19.35(4)(a). Moreover, denying access to requested records
"is contrary to the public interest and only in exceptional cases can access be denied. " Id. Any
denial must be in writing and must state which part of the law entitles you to deny my reque st.
Id.

As you know, the Wisconsin Public Records Law requires you to respond to this request
"as soon as practicable and without delay." Wis. Stat. § 19.35(4)(a). Given the extensive public
interest in the subject matter of this request, any delay in responding would be completely
without justification.

Finall y, if you are not the records custodi an for the records we seek, please for ward this
request to the appropriate person. Please let me know if I can clarify or refine this request; I can
be contacted at 202 -408-5565. Please send all responsive documents to Ann e L. Weismann,
Citizens for Responsibility and Ethics in Washington, 1400 Eye Street, N .W., Suite 450,
Washington, D.C. 20005 , or email them to me at aweismann@citi zensforethics.org.

Thank you for your time and consideration.

Sincerely ,

Anne L. Weismann
Chief Counsel