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Your Right to Know: When people die, openness matters

Reading Time: 3 minutes

In any community, the role of the medical examiner is vital. 

Medical examiners — or coroners, in the nearly half of Wisconsin’s 72 counties that have them as an alternative — determine the cause and manner of death, support the criminal justice system and track data to identify trends that can impact public health and safety.

For me and other Milwaukee-area journalists, the insights provided by the Milwaukee County Medical Examiner’s Office are integral to our coverage, providing crucial details and important context. Among the recent examples where the level of openness has played a key role are the COVID-19 pandemic, the tragic deaths of three men due to extreme cold last January and the high-profile case of D’Vontaye Mitchell last June.

Traditionally, the office has supplied “demographic reports” as well as “narrative reports.” Demographic reports include information such as the name of the deceased, where the death occurred, and the name of a family member who was notified. Narrative reports, in contrast, delve into the circumstances surrounding each case. 

“Narrative reports are particularly illustrative when compared to other available public information,” wrote David Clarey in the Milwaukee Journal Sentinel in March. “Contextual information, such as whether a driver ran a red light or if a homicide resulted from a heated argument, is often missing (from demographic reports) and requires time-consuming requests from media and families alike.”

Tim Vetscher
Tim Vetscher (Provided photo)

The media in Milwaukee were pleased with the level of openness we experienced from Karen Domagalski, the longtime operations manager for the Milwaukee County Medical Examiner’s Office. But when Domagalski retired on Feb. 19, the county’s medical examiner, Dr. Wieslawa Tlomak, announced a change in policy. Henceforth, she said, the office would stop sharing narrative reports until investigations were concluded and cases closed. She acknowledged that this shift represented a significant change in past practices.

Concerned by the change in policy, several news executives, including me, sent Tlomak a letter on April 4. It read, in part:

“The decision to curtail access to these preliminary findings poses a troubling scenario for our news organizations and, more importantly, for the residents of Milwaukee County. Withholding this essential information may leave the public waiting weeks, months, or even longer for basic insights into the circumstances surrounding the deaths of community members. This delay not only hampers our ability to keep the public informed but also undermines trust in the transparency of governmental processes.”

The letter noted that having access to narrative reports helps “clarify the circumstances” surrounding deaths and fosters “a better understanding among citizens about the events that impact their safety.”

Tlomak replied to our letter nearly three weeks later on April 23. Her response read, in part:

“I recognize that this shift in operational policies and procedures is new to members of the media that cover death investigations and public safety matters in Milwaukee County. After an internal review of operational policies and procedures, it became apparent that it is not within the ME’s Office mission and purpose to provide inaccurate and/or incomplete information to the public, as the disclosure of these draft details have the potential to cause significant harm to family members most affected by a death.”

Here’s my response to that: Dr. Tlomak, if your concern is releasing inaccurate information, the appropriate next step would be to correct the information rather than stopping its release altogether. I urge you to work with the journalists who rely on the reports provided by your office to develop a solution that ensures timely access to vital information without compromising the integrity of ongoing investigations. 

Transparency is crucial for maintaining public trust.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Tim Vetscher, a council member, is news director at TMJ4 in Milwaukee. 

Your Right to Know: When people die, openness matters 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.

Your Right to Know: Opee Awards highlight highs and lows

Bill Lueders
Reading Time: 3 minutes
Bill Lueders
Bill Lueders

For the 19th consecutive year, the Wisconsin Freedom of Information Council is bestowing its annual Openness in Government Awards, or Opees, meant to recognize outstanding efforts to protect the state’s tradition of open government, as well as highlight impediments. 

The awards are being announced in advance of national Sunshine Week (sunshineweek.org), March 16-22, and will be presented at the Wisconsin Openness Awards Dinner in Madison on March 6, as part of the Wisconsin Newspaper Association’s annual convention.

Awards are being given in six categories.

The winners are:

Public Openness Advocate (Popee): Milwaukee Police Sensitive Crimes Division and Open Records Division

When Jessica McBride’s UW-Milwaukee journalism class launched a full-semester project to delve into unsolved missing persons cases, she was impressed by the cooperation she received from Milwaukee police, especially Capt. Erin Mejia and Sgt. Jason Kotarak. “They provided the full, unredacted missing person files for each case submitted by the students in just a few weeks,” McBride wrote in her nomination. Credit goes also to the students, who produced an impressive collection of stories, “Missing in Milwaukee.”

Citizen Openness Advocate (Copee): American Oversight

After a yearslong fight, this liberal advocacy group pried records from the probe into Wisconsin’s 2020 election conducted by former state Supreme Court Justice Michael Gableman, as well as recovery of its legal costs. And Gableman’s disregard for the state’s transparency laws was flagged in several of the 10 counts of alleged misconduct filed against him by the Office of Lawyer Regulation. The probe cost taxpayers nearly $2.5 million and turned up no evidence of wrongdoing other than that committed by Gableman himself. 

Media Openness Advocate (Mopee): Wisconsin Examiner

This nonpartisan, nonprofit news site, represented by attorney Tom Kamenick of the Wisconsin Transparency Project, this year settled two important lawsuits. The first was against the city of Black River Falls for seeking to charge reporter Henry Redman thousands of dollars for a third party to retrieve records regarding the disappearance of an Indigenous man. The second was against the city of Wauwatosa for its long delays in handling records requests from reporter Isiah Holmes. Both cases settled with $5,000 payments, with Black River Falls saying its records system was changed to avoid these huge charges.

Open Records Scoop of the Year (Scoopee): TMJ4 for ‘Ghosted

When this Milwaukee television station asked the Milwaukee County District Attorney’s Office for its “Brady list” of law enforcement officers who have had issues that impact their credibility as witnesses, it was denied a complete copy. But it hired attorney Brendan Healey and pressed for more information, which was reported in a series called “Ghosted.” It’s the first of a series of reports on the serious accountability and transparency concerns the station found. This reporting is ongoing, in partnership with Wisconsin Watch and the Milwaukee Journal Sentinel.

Whistleblower of the Year (Whoopee): Todd Heath

This operator of a business that audits telecommunications bills has endured 17 years of litigation over his federal whistleblower claim that Wisconsin Bell overcharged schools and libraries millions of dollars for internet access and other services. In February, the U.S. Supreme Court ruled unanimously in Heath’s favor, which will allow his claim to proceed (yes, it’s not over yet). The case could reinforce federal programs that make broadband more accessible and affirm accountability and taxpayer protections in whistleblower cases.

No Friend of Openness (NOPEE): Satya Rhodes-Conway

At a press conference the day after the deadly Dec. 16 shooting at Abundant Life Christian School, Madison’s mayor ripped the press for asking too many questions. “It is absolutely none of y’all’s business who was harmed in this incident,” Rhodes-Conway admonished. “Please have some human decency and respect” for the victims and their families. “Don’t feed off their pain.” Her comments were deeply unfair to the reporters, who were hurting too. Bashing the press for political gain is contrary to the cause of openness. Enough already.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Bill Lueders is the council’s president.

Your Right to Know: Opee Awards highlight highs and lows 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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