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John Foust

 

Local DA doesn't want to hear about it!

by

I complained about the destruction of JCEDC records in this July 16, 2003 letter to several County officials.  I also sent it to the Wisconsin Attorney General's office and Jefferson County District Attorney David Wambach.  On July 29, Wambach responded:

From "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject RE JCEDC computer records
Date Tue, 29 Jul 2003 095205 -0500
Mr. Foust,
Please do NOT copy me in on any correspondence from you to anyone. I expect
you will honor this request.
David J. Wambach
District Attorney
Jefferson County
Courthouse, Rm. 225
320 S. Main St.
Jefferson, WI 53549
(920) 674-7173
wambach.david@mail.da.state.wi.us 

My immediate reply was quite simple:

To: "Wambach, David" <wambach.david@mail.da.state.wi.us
Date: Tue, 29 Jul 2003 10:01:44 -0500

Mr. Wambach,

This wasn't the "joke of the day" I passed along.  It's part of an ongoing open records issue in this county that you may, in the future, be asked to consider.  As a public official, you are free to ignore them.  

- John

Why would a public official say "I will not read any correspondence from the public"?

From: "Wambach, David" <wambach.david@mail.da.state.wi.us
Subject: RE: JCEDC computer records
Date: Tue, 29 Jul 2003 17:08:55 -0500

Mr. Foust,
Let me make myself clear. When you copy me in I am subjected to unwelcome and unwanted intrusions. It is incomprehensible to me why you would insist on copying me in after a reasonable and polite request.
I believe I have the right to be free from unwelcome and unwanted intrusions as much as any other citizen. You ought to have honored my original request out of common decency and common courtesy. 
I hope that you will now respect my wishes.
David J. Wambach
District Attorney
Jefferson County
Courthouse, Rm. 225
320 S. Main St.
Jefferson, WI 53549
(920) 674-7173
wambach.david@mail.da.state.wi.us  

I try to clarify my position: 

Date: Wed, 30 Jul 2003 08:14:20 -0500
To: "Wambach, David" <wambach.david@mail.da.state.wi.us
Subject: RE: JCEDC computer records

Mr. Wambach,

This correspondence was a description of what I see as a clear open records violation: the deliberate destruction of a previously requested record that the Attorney General's office had deemed a legitimate request. I intend no disrespect or inconvenience.

Submitting open records complaints to the local District Attorney is described by statute. Surely you aren't saying that my open records complaints and supporting correspondence are "unwelcome and unwanted intrusions"? This is part of your official duties, no?

As I understand it, you have full discretion in responding to or otherwise investigating any open records issue. If you do not intend to do anything about this violation, please say so clearly. I think the County needs your help. I also think I have a perfectly valid complaint that you should be aware of and at least consider.

I hardly think my emails are onerous or intrusive. You had not sent any prior complaint about them. According to my records, in January 2002 I carbon-copied you on email I sent to District Attorney Paul Bucher. I sent you another in November 2002, regarding the Attorney General's office refuting Bucher's opinion. In April 2002 I sent an inquiry regarding your role as the County's Ethics Code Administrator. In 2003, this July 16 email was the only email I sent to you.

While my July 16 letter may not have the form of an official complaint, it does describe a new open records situation beyond my April 2001 complaint that was ultimately resolved by Attorney General's office in November 2002.

- John

And finally: 
From: "Wambach, David" <wambach.david@mail.da.state.wi.us
Subject: RE: JCEDC computer records
Date: Wed, 30 Jul 2003 09:39:25 -0500

Mr. Foust,
I meant exactly what I said. I no longer wish to tolerate these intrusions
from you.
DO NOT RESPOND TO THIS EMAIL.
David J. Wambach
District Attorney
Jefferson County
Courthouse, Rm. 225
320 S. Main St.
Jefferson, WI 53549