CREW I

citizens for responsibility

and ethics in washington

February 23 , 2011

By Email (Sen.Fitzgerald@legis.wisconsin.gov) and First-Class Mail

Senator Scott Fitzgerald

Senate Majority Leader
Room 211 South
State Capitol
P.O. Box 7882
Madison, WI 53707-7882

Dear Senator 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 :

(1) all records of communications between you and /or any other individuals in or on
behalf of your office and any individuals in or on behalf of the Wisconsin Division of State
Patrol, including but not limited to your father Superintendent Stephen Fitzgerald, regarding
Governor Scott Walker's request 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 you and/or Governor Walker
from February 14,2011 to the present regarding Governor Walker's request 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 your
office 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.c itizensforethics.org
,~ ,
Senator Scott 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 electronically,
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 business. " 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 ." ld. Any
denial must be in writing and must state which part of the law entitles you to deny my request.
ld.

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 matt er of this request, any delay in responding would be complet ely
without justification.

Finally, if you are not the records custodian for the records we seek, please forward 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 respon sive documents to Anne 1. 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@citizensforethics.org.

Thank you for your time and consideration.

Sincerely,

Anne 1. Weismann
Chief Counsel