Marathon County Circuit Court Ruling: Ken Charneski v. Village of Kronenwetter et. al.

(Updated 11/19/24, see end of post) In an oral ruling on October 23rd, 2024, the Court found that the Village of Kronenwetter committed two violations of Chapter 19 of the Wisconsin State Statutes. The court found that the Village’s initial response to Mr. Charneski’s Public Records Request was “an unreasonable interpretation of the Village’s duties under our open public records law.”

Furthermore, the Court concluded that Mr. Charneski was “a prevailing
party” and the Court awarded “taxable costs, and damages, in the amount of one hundred dollars.”

11/19/24 Update

The court posted the following notes on 10-23-2024, which seems to provide an incomplete statement of the oral ruling. This has led to what is apparently inaccurate information being provided both in the media and on social media.

The Court found that there were two violations of Chapter 19, denial of access to a record and improper posting of the required notice.

The Court awarded Mr. Charneski damages for the “denial of access to a record” violation, but not for the “improper posting” violation. Both items were found to be violations of the WI Statutes, but the Court found that the WI Statutes did not support the awarding of damages for the improper posting.

From the Transcript,

REFERENCES:

Wisconsin Statute Chapter 19

https://docs.legis.wisconsin.gov/statutes/statutes/19


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