Nora G. Hertel

KRONENWETTER – Wausau Daily Herald Media filed a lawsuit against the village of Kronenwetter Monday, accusing the village of violating state open records law by refusing to release records about a police officer's suspension.

Daily Herald reporter Alison Dirr filed an open-records request earlier this year seeking the disciplinary records of Kronenwetter Police Officer Andrew Zortman, who was suspended by the village for on- and off-duty behavior. The village denied the request and refused to release documents about what specifically the officer had done, when he had done it or who else was involved.

"Release of the information could expose the village of Kronenwetter to a lawsuit for invasion of privacy and adversely impact upon the village's operations," Kronenwetter Police Chief Dan Joling wrote in an Aug. 18 letter denying the request.

Daily Herald Media Editor Mark Treinen said the news organization doesn't believe the village has grounds to withhold the records and that the public has the right to know what the officer did to provoke the suspension.

Neither Joling nor Zortman returned requests for comment Monday. Village attorney Harold Wolfgram was out of the office, and village Administrator Richard Downey said he was unaware of the suit and declined to comment.

Village staff likely will receive the suit next week after it's authenticated and filed by the Marathon County clerk of courts this week. The complaint was sent Friday from Madison-based attorney Robert Dreps and arrived at the courthouse Monday.

Zortman was suspended without pay from July 28 through Aug. 2 for on-duty and off-duty violations including improper use of a confidential law enforcement database, Joling said this summer. Daily Herald Media and Dirr repeatedly made both oral and written requests for details about the suspension, all of which were denied.

Treinen said the public has a right to know what prompted the suspension of an officer entrusted with public safety.

"I hope that the village of Kronenwetter realizes that these are public records," Treinen said. "It's a hallmark of Wisconsin's public records law that it's presumed records are open so that the government operates in full transparency."

Dreps represented the Daily Herald in another case against the village of Kronenwetter, after the news organization in 2007 requested performance evaluations of then-Village Administrator Henry Luxem. Kronenwetter responded by submitting to the news organization documents with sections blacked out and no explanation for the redactions.

The case ended with the village releasing the records it had withheld and paying the Daily Herald's legal fees.

Treinen said he went forward with Monday's lawsuit only after other avenues to obtain the Zortman records were exhausted and because Daily Herald Media has the resources to pursue such a suit while independent residents may not.

"We do believe that it's our obligation to serve as a watchdog for our readers and our community on the actions of people in power," Treinen said.

Nora G. Hertel can be reached at 715-845-0665. Find her on Twitter as @nghertel.