The UWM Post and PantherVision filed a request for a formal opinion from Attorney General J.B. Van Hollen last Wednesday, April 15 as to whether student governments in the UW System are subject to Wisconsin’s Public Records and Open Meetings laws.

In the 147-page letter, the news organizations argued why they believe the public records and open meetings laws, commonly referred to as “sunshine laws,” apply to student government organizations. The letter also included court opinions, prior attorney general opinions and other relevant documents.

“Acting with statutory authority, student government organizations are active participants in the governance of UW institutions, have primary responsibility for doling out tens of millions of dollars in public money every year and have significant university policy formulation and review powers,” the letter read. “Yet despite this authority, student government organizations are seemingly free to operate in the dark.”

The letter was written by Jonathan Anderson, editor in chief of the Post. Jesse Manser and Matthew Schultz of PantherVision, the student-produced television news program at UWM, conducted research and surveys for the letter. Mark Zoromski, a senior lecturer in the UWM Department of Journalism and Mass Communication, advised the students on the project.

“This isn’t an adversarial move against student government,” Anderson said. “We’re just trying to get clarity on the law.”

Van Hollen spokesman Kevin St. John said that the attorney general’s office will begin by determining if a response can be provided, and how to provide a response to the request.

“First, [the attorney general will] determine whether or not we are able to provide a response,” said St. John. “Whether it should receive an analysis as a formal opinion or whether it’s to be reviewed and responded to as correspondence, which is how we respond to most requests for interpretations under those laws.”

The request was primarily precipitated by two events from last spring. In March of 2008, the Student Association (SA) refused to release records to the Post concerning a trip it took to New York City. And in April of 2008, former Independent Elections Commissioner Dan Bahr attempted to force a PantherVision news crew from a student election hearing.

Bob Dreps, an attorney for the law firm Godfrey & Kahn S.C. in Madison and an expert in freedom of information law, reviewed a draft of the letter and offered suggestions.

“I think that student government organizations are subject to the open records law,” Dreps told the Post.

SA President Tyler Draheim said that student governments should be subject to such laws.

“As it’s written right now, it’s just unclear. They need to be, I think,” he said. “As it stands for this administration this year, we’ve been transparent and we’ve been willing to handle any requests for interviews or information that we can give out.”

Draheim said that records from years ago aren’t kept because of the annual change in SA officers.

“It’s difficult because, with the amount of turnover in student government, we don’t have a proper mechanism in place where we have archives from years and years past,” said Draheim. “They should make it clear cut that everything that student governments do is open to the public – our meetings already are, but the information as well.”

Bill Lueders, president of the Wisconsin Freedom of Information Council, said that not only should student governments be subject to the laws, but they should want to be for the sake of “trust between the governing and the governed.”

“I see no reason why student government shouldn’t be fully subject to both the public records and open meetings laws,” said Lueders. “I think they should want to be, and want to be as transparent as possible.”

Lueders added that UWM students should elect student government leaders who are concerned with transparency and are willing to provide records.

UW System spokesperson David Giroux declined to comment.