Times seeks county records

Through an attorney and the Wisconsin Newspaper Association (WNA), the Times is attempting to gain access to records related to the departure of Trempealeau County Director of Land Management Kevin Lien.

Though county corporation counsel Rick Niemeier has refused previous requests for those records, County Board Chair John Aasen Monday said Lien signed a letter of “involuntary resignation.”

After hearing the Times was working with the WNA, Aasen said the former department director upon his departure received only accrued paid time off and the ability to keep health insurance through the federal COBRA program.

Niemeier Tuesday said he was looking forward to receiving the WNA letter and would respond to it.

Lien had been on paid leave from January until late-May when the county announced he was no longer its employee. He had been the subject of staff complaints which were investigated by the county’s insurance carrier.

On June 7, the Times submitted a Freedom of Information Act request for the investigation report, a copy of the resignation/dismissal and any severance package for Lien.

Niemeier responded with a document that explained that Lien was no longer a county employee, however it redacted information about how his separation from the county came to be.

Niemeier also declined to include information of a severance package writing in a denial letter “the Trempealeau County Board of Supervisors asserts that [the severance package and investigation report] are privileged in their entirety under attorney-client and/or work product privileges.”

The Times submitted a second request asking Niemeier to reconsider, but did not receive a response.

Working through the WNA, attorney James Friedman of Godfrey & Kahn, S.C. wrote in a letter to Niemeier: “The attorney-client privilege and the work product doctrine do not protect documents that are shared with third parties.  Hence, once the county provided any termination or severance-related documents to Mr. Lien, those documents lost any protection, and the privileges no longer applied.”

In the letter sent on Tuesday of this week, Friedman wrote that the termination and severance records “simply are not privileged, and the investigation report may or may not be.”

“In any event, your denial is contrary to Wisconsin law, either in whole or in part, and we ask that you reconsider your decision,” Friedman wrote.

The Times has maintained that the records regarding Lien’s case should be public as taxpayer funds were used for the investigation, to pay Lien while he was on leave and on a severance package, if one exists. Furthermore, land management department employees have said reports of abuse previously went ignored by county board supervisors. The investigation report could confirm or refute those allegations.

“Ultimately, the public is entitled to records concerning the termination of employment of high-ranking government officials, like Mr. Lien,” Friedman wrote.  “Mr. Lien was the Trempealeau County Land Management Director for more than a decade.  In that role, he oversaw county actions related to land conservation, planning, surveying, and zoning.  His department also engaged in building inspections. In other words, his work impacted virtually every citizen of Trempealeau County.  The public is entitled to know whether Mr. Lien resigned or if he was fired.  If he was fired, the public deserves to know why.  Finally, the people of Trempealeau County are entitled to know the terms of Mr. Lien’s departure, including if those terms included spending public funds.”

Friedman continued noting “Wisconsin courts consistently have ordered record custodians to provide for public inspection settlement and severance agreements with public officials, even when the parties agreed to keep the records confidential.”

Friedman wrote that the justifications for nondisclosure of the requested records have “no merit” and requested that the records be disclosed to the Times no later than Friday of this week.

“If you do not do so, we will take the appropriate legal action,” Friedman wrote.