FREDERICA FREYBERG: THIS WEEK THE WISCONSIN FREEDOM OF INFORMATION COUNCIL FILED AN OPEN MEETINGS COMPLAINT AGAINST THE STATE PUBLIC RECORDS BOARD FOR ITS AUGUST 24 MEETING, SAYING THE BOARD GAVE INSUFFICIENT NOTICE OF THE SUBJECT MATTER, INCLUDING CHANGES TO THE DEFINITION OF TRANSITORY RECORDS. THURSDAY THE PUBLIC RECORDS BOARD ANNOUNCED IT WOULD REVISIT THE ISSUE AT AN UPCOMING MEETING. THE STATE’S GOVERNMENT ACCOUNTABILITY BOARD WAS ELIMINATED WEDNESDAY WHEN GOVERNOR SCOTT WALKER SIGNED A BILL THAT REPLACES IT WITH TWO NEW AGENCIES – THE ELECTIONS COMMISSIONS WHICH WILL OVERSEE ELECTIONS IN THE STATE AND AN ETHICS COMMISSION, WHICH WILL BE IN CHARGE OF CAMPAIGN FINANCE ETHICS COMPLAINTS AND LOBBYING. THOSE CHANGES BEGIN JUNE 30, 2016. THE LEGISLATURE’S REPUBLICAN MAJORITY HAS PUSHED FOR THE CHANGES AT THE GAB FOR SOME TIME. HERE’S WHAT ASSEMBLY SPEAKER ROBIN VOS SAID IN OCTOBER, JUST AHEAD OF FLOOR PASSAGE OF THE SWITCH. ROBIN VOS: THE GOVERNMENT ACCOUNTABILITY BOARD HAS BEEN A FAIL. IT’S AN INEFFECTIVE EXPERIMENT. IT HAS FAILED. IT HAS DONE NOTHING TO GO AFTER PEOPLE WHO LEGITIMATELY WERE EXERCISING THEIR CONSTITUTIONAL RIGHTS OTHER THAN TO PROSECUTE THEM AND TO TRY TO DRIVE THEM OUTSIDE OF THE FREE MARKET OF IDEAS. FREDERICA FREYBERG: MEANWHILE, A DAY AFTER THE BILL ABOLISHING THE GAB WAS SIGNED INTO LAW, THE WISCONSIN CLUB FOR GROWTH ANNOUNCED IT SETTLED ITS LAWSUIT AGAINST THE GOVERNMENT ACCOUNTABILITY BOARD AND KEVIN KENNEDY. THE LAWSUIT MADE SEVERAL ALLEGATIONS, INCLUDING THAT THE BOARD PARTICIPATED IN THE JOHN DOE INVESTIGATION INTO SCOTT WALKER’S RECALL CAMPAIGN WITHOUT AUTHORIZATION. THE CLUB FOR GROWTH SAYS THE SETTLEMENT WILL PREVENT FUTURE MISDEEDS AS ALLEGED. FOR ITS PART, THE GAB CONSIDERS THE SETTLEMENT A VINDICATION. DIRECTOR KEVIN KENNEDY SAYING IT ENDS THIS, QUOTE, FRIVOLOUS ASSAULT ON THE ACTIONS OF THE AGENCY. HE JOINS US NOW. KEVIN, THANKS VERY MUCH FOR BEING HERE. KEVIN KENNEDY: THANK. FREDERICA FREYBERG: WHY DO YOU CONSIDER THIS SETTLEMENT A VINDICATION? KEVIN KENNEDY: WELL, IT WAS A BASELESS LAWSUIT TO BEGIN WITH. AND THE SETTLEMENT BASICALLY SAYS WE WILL CONTINUE TO DO WHAT WE’VE ALWAYS DONE, WHICH IS CONFORM OURSELVES TO OUR ENABLING STATUTE, YOU KNOW. WE MADE NO SECRET THAT THE DISTRICT ATTORNEY APPROACHED US AND WE — THIS HAPPENS EVERY DAY ON ELECTION MATTERS. AND, YOU KNOW, WHAT WE FIND IF THIS WENT TO TRIAL IS THAT THE COURT WOULD MOST LIKELY HAVE UPHELD OUR POSITION THAT WE DID ABSOLUTELY NOTHING WRONG. FREDERICA FREYBERG: ON THE MATTER OF THE BILL THAT HAS NOW BEEN SIGNED INTO LAW GETTING RID OF THE GOVERNMENT ACCOUNTABILITY BOARD, TO PUT IT BLUNTLY, YOU ARE OUT OF A JOB. WHAT’S YOUR REACTION TO THIS LAW NOW BEING IN PLACE? KEVIN KENNEDY: WELL, I THINK IT’S SAD. IT’S REALLY UNFORTUNATE TO SEE, YOU KNOW, AN AGENCY THAT BROUGHT SUCH TALENT IN TERMS OF THE DECISION-MAKERS, THE FORMER JUDGES, AND THEN A DEDICATED STAFF HAD TO, YOU KNOW, WITHSTAND SOME OF THE JUST VERY NEGATIVE AND, QUITE FRANKLY, TWISTED AND FALSE ALLEGATIONS THAT WERE MADE ABOUT OUR PERFORMANCE. IF YOU LOOK BACK AT THE VERY TUMULTUOUS TIMES WE WORKED ON, I DON’T THINK YOU COULD HAVE SEEN A PARTISAN BOARD STEER THE ELECTION PROCESS THROUGH QUITE THAT MUCH TURMOIL. FREDERICA FREYBERG: NOW, IT’S CLEAR AND HAS BEEN STATED BY REPUBLICAN LEADERSHIP REPEATEDLY THAT YOU SPECIFICALLY HAD TO GO, ACCUSING YOU OF BEING PARTISAN. WHAT’S YOUR RESPONSE ON THAT? KEVIN KENNEDY: WELL, YOU KNOW, I’M PROBABLY ONE OF THE MOST ACCOUNTABLE PEOPLE IN STATE GOVERNMENT BECAUSE I SERVE AT THE PLEASURE OF A CITIZEN BOARD. AND FOR OVER 32 YEARS BOTH A BIPARTISAN BOARD WHEN I SERVED AS THE DIRECTOR OF THE ELECTIONS BOARD AND THIS BOARD OF FORMER JUDGES, I WAS ONE VOTE AWAY FROM, IF MY PERFORMANCE DIDN’T MEASURE UP, LEAVING. SO CALLS FROM THE LEGISLATURE THAT THEY’RE UNHAPPY BECAUSE THE RULINGS THAT WE MADE, WHICH WERE ALL UPHELD IN COURT, DIDN’T GO THEIR WAY, THAT’S THE WAY IT GOES IN THIS KIND OF JOB. I’VE SEEN MY COLLEAGUES ACROSS THE COUNTRY VICTIMIZED BY PARTISAN ASSAULTS. I ALWAYS KNEW THAT EVERY DAY WHEN I WALKED IN THE OFFICE I WAS AUDITIONING FOR MY JOB AGAIN. I WAS PREPARED 15 YEARS AGO THAT I COULD LEAVE THE JOB THE NEXT DAY. I’M PREPARED TODAY THAT I COULD LEAVE THE JOB THE NEXT DAY. THAT’S THE NATURE OF THE JOB AND THE FACT THAT I’VE DONE IT FOR OVER 32 YEARS SAYS THAT THE CITIZEN BOARD THAT I REPORTED TO HAD CONFIDENCE IN ME. FREDERICA FREYBERG: YOU’VE SUGGESTED THAT YOU MAY IN FACT APPLY FOR A LEADERSHIP POSITION IN ONE OF THE NEW COMMISSIONS. WHY? KEVIN KENNEDY: WELL, I ALWAYS KEEP MY OPTIONS OPEN. I DON’T SEE THERE’S ANY REASON TO MAKE ANY FINAL DECISIONS. I’LL LOOK AT THE OPPORTUNITIES. I’LL LOOK TO SEE WHO THE NEW BOARD MEMBERS ARE. SEE WHAT THOSE OPPORTUNITIES ARE. I MEAN, I’VE BEEN INVOLVED IN CAMPAIGN FINANCE ELECTIONS, ETHICS AND LOBBYING FOR A VERY LONG TIME, AND I WILL CONTINUE TO SHARE THAT EXPERTISE IN SOME FORM AFTER THIS, WHETHER IT’S WITH ONE OF THE NEW AGENCY OR WHETHER IT’S IN SOME OTHER FORM. FREDERICA FREYBERG: DESCRIBE HOW THE 2016 ELECTIONS WILL GO SMOOTHLY EVEN IN THE MIDST OF THIS CHANGEOVER? KEVIN KENNEDY: TWO REASONS. ONE, I’M REQUIRED BY THE LEGISLATURE TO WORK ON THE TRANSITION. AND AS I SAID IN OUR STATEMENT, WE’RE FULLY COMMITTED TO MAKE SURE THAT THAT GOES SMOOTHLY. WE’VE ALREADY HAD A COUPLE OF MEETINGS WITH THE DEPARTMENT OF ADMINISTRATION ON THE BASICS OF THAT. AND, TWO, THE STAFF THAT I’VE WORKED WITH FOR THE YEARS, THEY ALL CONTINUE ON. THERE WILL BE NEW LEADERSHIP POSSIBLY ON THAT, BUT THE STAFF, YOU KNOW, HAS DONE A TREMENDOUS JOB AND THEY WILL CONTINUE TO DO A TREMENDOUS JOB. IT’S BAD TIMING IN THE SENSE THAT IT SHOULD NOT HAPPEN IN THE MIDDLE OF A PRESIDENTIAL ELECTION YEAR, BUT — AND WE’RE ALREADY WORKING ON MANY OF THOSE KIND OF TASKS. BUT THE PEOPLE IN PLACE REALLY ARE THE TYPE OF PROFESSIONALS, AND IF YOU TALK TO ANY LOCAL ELECTION OFFICIAL, THEY’RE CONFIDENT THAT WE’LL BE ABLE TO DO THE JOB. FREDERICA FREYBERG: BACK TO THE SETTLEMENT. THE CLUB FOR GROWTH SAYS IT MAKES PUBLIC TENS OF THOUSANDS OF PAGES OF INTERNAL GAB DOCUMENTS THAT WILL SHOW, THEY SAY, THE BOARD’S QUOTE TRUE ROLE IN THE JOHN DOE INVESTIGATION. ARE YOU WORRIED ABOUT THE RELEASE OF THOSE DOCUMENTS? KEVIN KENNEDY: I’M NOT WORRIED ABOUT THE RELEASE OF THOSE DOCUMENTS. THE LEGISLATURE PUT A VEIL OF SECRECY OVER OUR INVESTIGATIONS. I’VE ALWAYS ADVOCATED PEOPLE SHOULD SEE THE WORK THAT WE DO AND EVALUATE ON THEIR OWN. IT ISN’T GOING TO STOP PARTISANS FROM SPINNING IT THEIR WAY. OVERALL WE HANDLED EVERYTHING VERY PROFESSIONALLY. WE CERTAINLY ACCORDING TO THE TERMS OF THE SETTLEMENT, WHICH THE CLUB FOR GROWTH’S ATTORNEY SIGNED, WE CONFORMED OUR CONDUCT ALL THROUGHOUT THAT TIME. FREDERICA FREYBERG: THANKS VERY MUCH. KEVIN KENNEDY: YOU’RE VERY WELCOME.