Public policy favors release of police report.

• Author: Anderson, Tony

Byline: Tony Anderson

The state Supreme Court has found that a teacher's interest in protecting his reputation does not outweigh the public's interest in the release of information about a police investigation of that teacher.

The July 2 decision in Linzmeyer v. Forcey, 01-0197, highlights the importance of balancing open records interests against public policy interests favoring nondisclosure of a police report. The six-person majority decision, written by Justice Jon P. Wilcox with Chief Justice Shirley S. Abrahamson concurring, held that the circuit court was correct in ordering the report's release.

"We hold that the open records law applies to the report in this case and there is thus a strong presumption in favor of release," Wilcox wrote. "Additionally, we hold that the presumption was not overridden in this case by the public interest in protecting Linzmeyer's privacy and reputation."

The case involved Armand Linzmeyer, a Neenah High School math teacher and girls' volleyball coach. The Neenah Police Department conducted an investigation during the end of 2000 into allegations by two of Linzmeyer's students that he had made inappropriate comments to female students and had engaged in inappropriate conduct. Respondent D.J. Forcey was the police chief and custodian of the report that was produced.

Following the investigation, Linzmeyer was neither arrested nor was he prosecuted. The school district reassigned Linzmeyer to other duties, but it did not take any administrative disciplinary actions against him. He resigned his position the end of the school year.

The parents of the students whose allegations had initiated the investigation and the Appleton Post-Crescent made an open-records request for the investigation report. Linzmeyer sought an injunction to block the report's release.

Winnebago County Circuit Court Judge Barbara Hart Key found that the public's interest in the report's release outweighed the public's interest in protecting Linzmeyer's privacy. Linzmeyer appealed and the court of appeals certified the issue to the state Supreme Court, which affirmed Key's decision.

Balancing Test

The Supreme Court took several steps, first determining that the record fell under the open records law, then applying a balancing test to the public policy factors favoring and opposing its release. Under the open records law, the court held that the record enjoyed a "presumption of openness," which would have to be overcome if Linzmeyer hoped...