Assembly leaders violated the law in handling records into lawmaker Staush Gruszynski's sexual harassment, court rules
- Oops!Something went wrong.Please try again later.
MADISON - Assembly leaders violated the state's public records law in 2019 in their response to media outlets' requests for records tied to a state lawmaker who was stripped of his committee assignments for sexually harassing an aide, a three-judge panel ruled Thursday.
A Wisconsin appeals court said the Assembly chief clerk violated state law when he initially rejected requests for records related to then-state Rep. Staush Gruszynski, a Democrat of Green Bay, and then released the documents after a lawsuit had been filed but included redactions. Thursday's court ruling sided with the Milwaukee Journal Sentinel, Associated Press, Wisconsin State Journal, The Capital Times and Jonathan Anderson, a doctoral student studying access to government information.
Former Assembly Chief Clerk Patrick Fuller at first withheld the records, arguing the public interest in handling complaints confidentially outweighed the public interest in releasing them. In Thursday's ruling, the fourth district court of appeals upheld a Dane County Circuit ruling that concluded Fuller misapplied the balancing test and violated the state's public records law by denying access to even redacted records in their response to the initial records requests.
The three-judge panel also ruled Assembly leaders later violated the public records law when they redacted some information in the batch of records related to a complaint filed against Gruszynski and ordered taxpayers to pay media outlets' attorneys' fees.
A spokeswoman for Assembly Speaker Robin Vos did not immediately respond to a request for comment.
The media outlets in their lawsuit contended the Assembly cannot hold back the documents because the records law provides the public with broad access to information about the government. Exceptions allowing records to be withheld are supposed to be rare.
Two days after Gruszynski lost his bid for reelection in August, the Legislature released details of his sexual harassment after withholding the records for months.
The released records related to the incident and subsequent investigation by the Legislature's human resources officials show Gruszynski during a night of drinking with lawmakers and staff members repeatedly pressured one legislative staffer to have sex with him despite being rebuffed each time.
Gruszynski made comments suggesting the victim was to blame for his repeated advances, as if she had invited his behavior, according to the victim's complaint.
"He kept saying 'oh come on' and 'did I misread your signals' over and over again," the victim wrote. "He said 'no one has to know' 'it can be quick' and 'I can just follow you home, you know?' He said, 'I thought you wanted this, I want you.' I said no, not at all, you must be joking."
"I was so shaken and upset at this point and felt scared to leave because I thought he would follow me," she wrote. "I went into the bathroom and locked it and called (redacted) crying because I was so upset. I didn't know what to do."
The victim began to struggle with anxiety, fearful of running into Gruszynski at the Capitol, according to the investigative records. She began locking her office door and took time away from work.
The records were redacted to ensure the victim could not be identified, legislative officials said.
The names of lawmakers who were present during a portion of the night when the harassment occurred also were withheld. Dane County Circuit Judge Juan Colás ordered Assembly leaders to release to media outlets those records without redactions and of those who were not victims or witnesses to the harassment.
More:Wisconsin lawmakers pass bill that labels legislators' discipline records 'confidential'
The Legislature has consistently withheld records related to sexual harassment committed by lawmakers, citing a desire to protect details that could identify victims and to prevent creating a chilling effect on future victims who don't want their experiences released publicly.
The policy also helps protect state lawmakers from facing questions about the way they choose to use the position of power voters have entrusted them with.
Fear of retaliation within the Legislature is underscored by the fact that staff members work for lawmakers on an at-will basis and can be fired at any time and for any reason.
Lawmakers also have the power to hire and fire human resources staff in charge of investigating claims of sexual harassment and assault. That fear could keep staff from reporting sexual harassment involving their bosses or make victims and human resources staff worry about losing their jobs, experts say.
Find out who your legislators are and how to contact them.
Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.
Our subscribers make this reporting possible. Please consider supporting local journalism by subscribing to the Journal Sentinel at jsonline.com/deal.
DOWNLOAD THE APP: Get the latest news, sports and more
This article originally appeared on Milwaukee Journal Sentinel: Media outlets win ruling on Staush Gruszynski harassment records
