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In 2024, a sheriff’s deputy working for the Outagamie County Sheriff’s Department was forced out for being lousy at his job. But even though the deputy, Cristian Morales, was flagged in the state’s negative separation database, he ended up being hired a few months later by the Menasha Police Department. 

Earlier this year, Morales was arrested and accused of stalking an ex-girlfriend using the city’s Flock camera system. He’s now facing criminal charges.

While some folks are suited for the difficult work of being a law enforcement officer, many are not. It’s hardly a controversial statement to say that police, who can arrest people and use force when necessary, should be held to a higher standard than the rest of us.

And yet our reporting at The Badger Project has found that police chiefs and sheriffs in Wisconsin often give these “wandering officers” second or third chances, despite research saying that officers fired or forced out for misconduct are more likely than other cops to reoffend.

At our last count, more than 300 active officers in Wisconsin had been fired or forced out of previous law enforcement jobs. Many of these separations involved novices who couldn’t cut it in a tough job during their probationary period, when the bar for termination is low. But some, we’ve found, lost jobs for misconduct, including drunk driving, writing misleading reports and using sexist and racist language.

In Wisconsin, law enforcement agencies can report to the state DOJ when they fire or force out an officer, so we can track when that cop goes on to get hired by another policing agency. But we are currently unable to track these wandering officers who have been fired or forced out in other states and come to work here because we don’t have a list of all law enforcement officers here.

That’s why The Badger Project, along with our partners at the Invisible Institute, a Chicago-based nonprofit journalism organization, requested the full list of names and work histories from the Wisconsin Department of Justice and sued when it refused.

In April, Dane County Circuit Court Judge Rhonda Lanford ruled in our favor and ordered the DOJ to release the records. She cited a previous state appeals court ruling that said law enforcement officers “necessarily relinquish certain privacy and reputational rights by virtue of the amount of trust society places in them and must be subject to public scrutiny.”

Prominent members of Wisconsin’s law enforcement community have criticized the judge’s ruling, saying it goes too far. An appeal could be coming.

Jim Palmer, executive director of the Wisconsin Professional Police Association, wrote an op-ed saying the release of these records could put officers at “risk of harassment, doxxing and worse.” He said officers’ birthdates are part of the records whose release we are seeking. Not so: While our initial records request asked for birthdates or birth years (to distinguish between officers with the same name), our lawsuit only asked for birth years, not months and days.

The state DOJ raised another objection, saying release of the names would jeopardize undercover officers. But what cop uses his or her real name when working undercover? We did not request photos of the officers.

I salute and thank the men and women in law enforcement who are serving their communities. I don’t envy the chiefs and sheriffs who must staff their agencies at a time when finding good job applicants for law enforcement jobs is as hard as ever.

And you know what? We at The Badger Project are not against second chances for cops who screwed up. Perhaps an officer who made a fireable mistake has learned from it. Whether that officer should continue in law enforcement is not for us to decide. Our job, as journalists, is to shine a light on those in power and get facts to the public who are being policed by these folks.

If chiefs or sheriffs want to hire an officer with problems in the past, they should say so publicly and defend their decision. They just can’t make these decisions in secret.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Peter Cameron is managing editor of The Badger Project, a nonprofit news outlet.

Your Right to Know: Names of police should be public is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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All public employees in Wisconsin must retain records, per the state’s open records law. Except one group. The ones who wrote that law.

State legislators have exempted themselves from the retention portion of the law. Some want to change that.

“The public should not have to worry about legislators having secret conversations or deleting emails,” said state Rep. Clinton Anderson, D-Beloit, who is introducing a bill that would close this loophole despite the fact that the state Assembly adjourned last month for the rest of the year.

Anderson released the bill Monday because it is the start of Sunshine Week, a nonpartisan collaboration among groups in the journalism, civic, education, government and private sectors that shines a light on the importance of public records and open government.

In Wisconsin, state legislators must comply with a records request, but if they have destroyed the record, they have nothing to send.

“Obviously, it’s troubling,” said Bill Lueders, president of the Wisconsin Freedom of Information Council. “It allows legislators to make things go away that they would rather not see the light of day.”

State Rep. Rob Brooks, R-Saukville, told the Wisconsin Examiner in 2021 that his office “frequently deletes emails during the normal course of business each day.”

And he’s not the only one.

“My office does not delete records on principle, and we should make sure every elected official is held to that same standard,” Anderson said.

In 2025, Gov. Tony Evers stepped in to close this loophole – his 2025 budget proposal included a measure to “remove the Legislature’s exemption from open records law by requiring that records and correspondence of any member of the Legislature be included in a definition of a public record to provide greater transparency for the people of Wisconsin.” The proposal also would have allocated funds and opened a full-time position with the Legislative Technology Services Bureau to carry out this new requirement. But the Republican-controlled Joint Finance Committee removed it from the final budget.

State Sen. Chris Larson, a Democrat from Milwaukee, has introduced bills to close that exemption for state legislators multiple times and is doing so again in the Senate this week in tandem with Anderson.

Before his election to the state Senate in 2010, Larson served on the Milwaukee County Board of Supervisors. As a public official, he had to maintain all his records there and assumed the same when he arrived in the Legislature.

But as his email inbox filled up and ran low on space, Larson said he was told by IT staff to simply delete old messages.

“People often wonder why so many wildly popular policies go session after session without a vote or even a public hearing, while special interest slop rises to the top of the agenda,” said Justin Bielinski, Larson’s spokesman. “The Wisconsin Legislature’s exemption from record retention requirements creates a perverse incentive to do the people’s business in secret. If lawmakers aren’t going to be responsive to their constituents’ needs, the least we can do is allow people to find out who they are listening to, and whose voices they choose to ignore.”

Larson’s bills to close the loophole have been ignored by Republicans who control the Legislature, he said. The majority party generally pays little attention to bills from the minority.

But the fact the Wisconsin Legislature is even subject to the open records law, albeit with a caveat, makes it one of the more transparent states. Nearly a quarter of all states — 12 in total — do not even allow records from the Legislature to be accessed by the public, according to a study from The Journal of Civic Information. Congress has also excluded itself from open records requests under the Freedom of Information Act.

The exemption for legislators here “completely undermines Wisconsin’s public records law and the ability for citizens to trust their Legislature,” said David Cuillier, director of the University of Florida’s Brechner Freedom of Information Project. “It’s really quite bizarre and an outlier in the United States. The right thing to do is remove it and restore accountability and credibility to the institution.”

The Badger Project is an independent, reader-supported newsroom in Wisconsin.

This article first appeared on The Badger Project and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

A loophole lets Wisconsin lawmakers delete public records is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.