'A stark invasion of privacy': Green Bay court hearing on Thursday to determine if recordings made at City Hall are legal
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GREEN BAY - City leaders and some of their critics are due in court Thursday for a lawsuit that claims the city illegally records conversations using microphones hidden in the ceilings of City Hall's first and second floors.
The Wisconsin Senate, state Sen. Andre Jacque, former City Council member Anthony Theisen and a woman identified in the suit as "Jane Doe" have asked a Brown County Circuit Court judge in the lawsuit to issue an injunction requiring the city to immediately:
Disable and remove recording devices.
Not disclose information recorded by such devices.
Destroy all recordings "unlawfully obtained by" devices they say were installed under the direction of Mayor Eric Genrich.
Declare that the city's use of the recording devices violates the Wisconsin Constitution.
City leaders insist that installation of the devices was legal, and that their handling of the recording devices has been lawful. The city issued a fact sheet on "city hall security" on Feb. 10, and that said based on complaints "from city staff and members of the public," they felt it was necessary "to enhance the security system" on the first and second floors of City Hall.
Among the issues the city addressed in its fact sheet were that the system is "lawful and commonplace"; it is used in other city facilities, such as the police department lobby; footage is not continuously monitored; and signs are not required by the city has decided to install them.
More:Green Bay mayor, city sued by Wisconsin State Senate, Sen. Jacque over City Hall audio surveillance
In a Dec. 9, 2021, email addressed to all city workers who have email accounts, Green Bay IT Director Mike Hronek wrote that the city "installed security cameras with microphones in the city hall 2nd floor hallway with a recording-retention period of 120 days."
Deputy City Attorney Lacey Cochart said the city has approximately 900 employees, and that 822 have email accounts.
Joe Faulds, the city's chief of operations, said on Feb. 23 that city leaders "had not received any complaints or concerns from an employee regarding the audio and video security cameras in City Hall." The recordings are subject to Wisconsin's Open Records Law, meaning some could be accessed by a person filing a written request.
"The cameras are in the open and visible to the public and employees," Faulds added. He declined further comment.
The issue arose when 8th Ward City Council member Chris Wery raised the topic at the Feb. 7 City Council meeting. Wery, who often battles with Genrich, accused the mayor of "spying on" citizens and city employees and asked the mayor to remove recording equipment that had been installed in the building. Genrich refused.
"Big Brother is listening," Wery said later that night. "We the people are not amused."
The city has since posted signs on the doors at public entrances to the building. They warn that people entering the building are subject to having their voices and images recorded. A similar sign has been posted outside the Council Chambers on the second floor — the other floor where the city has recording equipment in place. The cameras are visible to people behind gray plastic "bubbles" mounted on the ceiling.
Sen. Andre Jacque, R-De Pere, represents a district that includes a sliver of eastern Green Bay, as well as Door and Kewaunee counties. Jacque said he is concerned about the legality of recording equipment installed in City Hall, which is where many city employees work, and a significant number of citizens conduct business.
"I think back to all those conversations happening in those hallways before," he said. "The fact that the mayor's office went to great lengths not to inform the council ... If you are doing something like (installing recording equipment), why wouldn't you post (a sign) as a deterrent?"
He also said he has concerns about legal issues regarding recording of conversations. Wisconsin is a "one-party" state, meaning at least one person in a conversation needs to know that it's being recorded. But it could be unclear if a warning sign constitutes adequate notice that a conversation might be recorded.
The issue will go before two city committees this week.
The Finance Committee, which meets at 4:30 p.m. Tuesday, will discuss possible legal expenses "regarding the audio recording issue and pending lawsuit."
The Parks Committee, which meets at 5 p.m. Wednesday, will take a request from Wery calling for the "immediate removal of all audio spying surveillance in City Hall."
Lawyers representing plaintiffs in the lawsuit, and those for the city, are due in Brown County Circuit Court at 9:30 a.m. March 2. Judge Marc Hammer is assigned to hear the case.
Email Doug Schneider at DSchneid@Gannett.com, call him at (920) 265-2070 and follow him on Twitter @PGDougSchneider
This article originally appeared on Green Bay Press-Gazette: Are audio recordings at Green Bay City Hall legal? Court to hear suit
