STATE
OF WISCONSIN CIRCUIT COURT RACINE COUNTY
Your Name
PETITIONER Case No. 2017…..
vs.
Case code: ….
City of…..
xyz
Attorney…..
Hon. ….
RESPONDENTS Circuit Court Judge, Br.
_____________________________________________________________________
VERIFIED PETITION FOR EXTRAORDINARY RELIEF
IN THE NATURE OF A WRIT OF MANDAMUS
MOTION FOR ATTORNEY’S FEES, COSTS AND EXPENSES
UNDER WISCONSIN STATUTES 19.19 THRU 19.39
______________________________________________________________________
Pursuant to Wisconsin
Statutes 19.19 thru 19.39 governing Wisconsin Public Records, Your Name (Herein
referred to as PETITIONER) petitions this Court for extraordinary relief in the nature
of a Writ of Mandamus, directed to Respondents City of xyz and Attorney ……..
This action seeks this court to compel the City of xyz and Attorney ….. to
produce requested public documents under the rules and provisions under
Wisconsin Public Record Statutes §19.19 thru 19.39.
Further, this action seeks an award of attorney’s fees,
costs and expenses under Wisconsin Statutes §19.19 thru 19.39
Background
PUBLIC POLICY AND PURPOSE
Wisconsin Public Record Statutes authorizes
requesters to inspect or obtain copies of “record maintained by government
“authorities.
“[I]t is declared to be the public policy
of this state that all persons are entitled to the greatest possible
information regarding the affairs of government and the official acts of those
officers and employees who represent them.
1. This is one of the strongest declarations of policy found in Wisconsin
statutes
2. Wisconsin legislative policy
favors the broadest practical access to government.
3. Providing citizens with
information on the affairs of government is: [A]n essential function of a
representative government and an integral part of the routine duties of
officers and employees whose responsibility it is to provide such information.
To that end, ss. 19.32 to 19.37 shall be construed in every instance with a
presumption of complete public access, consistent with the conduct of
governmental business. The denial of public access generally is contrary to the
public interest, and only in an exceptional case may access be denied.
4. Courts interpret the public
records law in light of this policy declaration, to foster transparent
government.
5. The purpose of the Wisconsin
public records law is to shed light on the workings of government and the
official acts of public officers and employees.
6. Wisconsin Public Record goals is
to provide access to records that assist the public in becoming an informed
electorate
7. Wisconsin Public Record statutes therefore serve a basic tenet of our
democratic system by providing opportunity for public oversight of government.
Wisconsin Department of Justice
further states;
Response must be provided “as soon as practicable
and without delay. Wis. Stat. § 19.35(4)(a).
DOJ policy is that ten working days
generally is a reasonable time for responding to a simple request for a limited
number of easily identifiable records. For requests that are broader in scope
or that require location, review or redaction of many documents, a reasonable
time for responding may be longer. However, if a response cannot be provided
within ten working days, it is DOJ’s practice to send a communication
indicating that a response is being prepared.
Requests for public records should be given
high priority. • Compliance at some unspecified future time is not authorized
by the public records law. The records custodian has two choices: comply or
deny.
Mandamus is the exclusive remedy provided
by the legislature to enforce the public records law and obtain the remedies
specified in Wis. Stat. § 19.37.
To obtain a writ of mandamus, the requester
must establish;
The
requester has a clear right to the records sought.
The authority has a legal duty to disclose
the records.
Substantial damage would result if the
petition for mandamus was denied.
The requester has no other adequate remedy
at law.
In
support of this verified petition, Petitioner alleges the following:
THE PARTIES
1.
Petitioner, Your Name is a resident of Wisconsin.
2.
Respondents are the CITY OF xyz and ATTORNEY…….
3.
Respondents, CITY OF xyz and ATTORNEY
……… are the holder and/or custodian of the requested public records.
4. Respondents have failed to produce requested
documents upon PETITIONER’S request in a timely manner as set forth by
Wisconsin Statutes and DOJ guidelines.
JURISDICTION
4.
This Court has jurisdiction over the subject matter of this action under
Wisconsin Statutes 19.19 thru 19.39., and specifically Wisconsin Statute 19.37 and its subs.
FACTS
1.
On or about DATE . 2017 ,
the PETITIONER filed a Wisconsin Public
records request directly into the office of City of xyz seeking documents concerning the actions of City of
xyz. (exhibit 1)
List facts of case……………..
10. A copy of the PETIONER’S contract with his counsel
is attached along with his fee schedule.
(exhibit 13)
ARGUMENT - General Law
The PETITIONER has demonstrated both a clear
and indisputable entitlement to the writ.
Petitioner
lacks an adequate alternative means to obtain the documents without court
intervention.
This writ of mandamus is seeking this remedy
because of the RESPONDNET’S errors, acts and omissions in regards to Wisconsin
Public Record Statutes 19.19 thru 19.39
Clear Entitlement to
the Writ
As
the facts demonstrate, the PETITIONER has acted within the guidelines as set
forth by Wisconsin Statutes 19.19 thru 10.39.
RESPONDENT’S
have not complied with Wisconsin Public Records statutes and/or guidelines as
established by Wisconsin Statutes and court rulings governing the rules of
conduct by government and/or its officials.
There
is an administrative failure on the part of the RESPONDENT’S to meet the
statutory and regulatory provisions of Wis. § 19.19 thru 19.39.
The
RESPONDENT’S have not raised questions or objections concerning the PETITIONERS
Public Records Request.
The
Respondent’s, City of xyz and Attorney ,,,,,,,,, continues to ignore the
rightful claim of the PETITIONER to receive the documents and in a timely
manner.
The
PETITIONER is clearly entitled to adjudication as the RESPONDENT’’S duty is
failing to provide the documents as governed by Wisconsin Statutes and its
court rulings.
Lack of Adequate
Alternative Means
The
PETITIONER is deprived of any further adjudicative process by which to contest
the inactivity by the RESPONDENT’S
The
Petitioner has the better of the legal argument as the RESPONDENT’S has shown
no statutory or regulatory authority to refuse to take the actions to fulfill
the PETITIONER’S request.
Extraordinary
Circumstances
It
is understood that a Writ of Mandamus is a drastic remedy to be invoked only in
extraordinary circumstances. The Courts and Wisconsin Statutes have noted
that the use of Writs of Mandamus in connection with agency matters is
necessary when government agencies and/or its agents are not in compliance with
the law.
The
PETITIONER has demonstrated with facts in this case that the RESPONDENT’S have
failed to act, and has failed to act in a timely manner as required by
Wisconsin Statutes.
This
is not merely a matter of a delay of the RESPONDENT’S taking administrative
action to be compliant with State Statutes; this is a matter of the
Respondent’s being derelict and negligent to PETITIONERS right to acquire
records, let alone in a timely manner.
This
Court has the power to award attorney fees, costs and expenses to the
Petitioner under Wisconsin Statutes 19.19 thru 19.39 These laws has been applied to actions before in
Wisconsin Courts.
No
possible compelling reason exists for the respondent’s refusal to provide the
requested documents in a timely manner.
Nature of Relief
Sought
This
action seeks the Court to issue a writ of mandamus compelling the City of xyz
and it’s agents to produce the requested documents as soon as possible and to
pay the PETITIONER for his costs to produce this document and any additional
costs incurred for this action.
PETITIONER
further requests the court to consider punitive damages against the Respondents;
Respondent’s has arbitrarily and capriciously denied or delayed response to the
PETITIONER’S request for the documents.
( Wisconsin Statutes 19.37 (3) … If a court finds that an authority or legal custodian
under s. 19.33 has arbitrarily and capriciously denied or
delayed response to a request or charged excessive fees, the court may award
punitive damages to the requester.)
CONCLUSION
The
City of xyz and/or its agents has exhibited indifference to time schedules as
set forth in Wisconsin Public Record laws and suggested policies as set forth
by the Wisconsin Department of Justice. The City of xyz is in violation of the
spirit of the law and the law itself. It is respectfully requested that this
Court issue an order directed to the
Respondents in favor of the PETITIONER that a writ of mandamus be issued under the
seal of this Court commanding the Respondents to immediately comply with
Wisconsin Statutes 19.19 thru 19.39 and produce as soon as possible the
requested documents. PETIITIONER further request an award of attorney fees, costs and expenses
incurred in bringing this Petition under the Wisconsin Statutes and that the
Court grant such other and further relief as may be just and proper.
Respectfully
submitted this the ___ day of ______,2017.
_______________________________________
Attorney
for Petitioner
State
Bar #.........
E
mail……….
Telephone:
Admitted
to Wisconsin Bar……..
STATE OF WISCONSIN
COUNTY
OF RACINE
I,
the undersigned, say:
1.
I am an attorney who has been duly licensed to practice law in the courts of
the State of Wisconsin since _________, and am a member in good standing of the
Wisconsin Bar.
2.
I have read the attached Petition for Extraordinary Relief in the Nature of a
Writ of Mandamus and I know its contents. The facts stated in the
Petition are true to my own personal knowledge, except as to those stated upon
information and belief, which I believe to be true.
3.
I declare under penalty of perjury that the above is true and correct.
EXECUTED
on the ____ day of ___, 2017, at…………..
____________________________
Attorney
at Law
Below
for Public Notary use
Sworn
to and subscribed before me this the following date:
Notes;
Wisconsin Statute 19.37
(b) 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.
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