Judge lets Prehn texts case move forward
Environmental group wants to see messages
MADISON – A case seeking to require that Natural Resources Board member Frederick Prehn turn over text messages related to his refusal to step down from the board will move forward, a judge ruled Tuesday, dismissing an attempt by Prehn’s attorney to throw the case out.
In a Feb. 21 hearing, Prehn’s lawyers argued that the Natural Resources Board member wasn’t a public official, because he is a volunteer and is not paid for the time he spends serving on the board. Midwest Environmental Advocates, the group that filed the suit, argued that Prehn is a public official, as the board sets policy that governs natural resources in the state.
Dane County Judge Everett Mitchell in his Tuesday decision agreed with the advocacy organization, saying that Prehn’s tenure on the board “has a relationship to state natural resource policy decisions, the decision-making process, and the governor’s ability to appoint new members to the NRB.”
The ruling will allow the case to proceed forward to discovery, at which point the organization hopes to gain access to the text messages, said Peg Sheaffer, the director of communications and development for MEA.
Midwest Environmental Advocates filed the lawsuit in October, in a bid to obtain text messages between Prehn and other members of the board. MEA had already obtained email records as a part of its request but were told no text messages existed.
The organization disputed the DNR’s claim, saying that it had obtained messages sent by Prehn as a part of records released by another public official.
According to the complaint, DNR staff said they did search for text messages but did not locate any responsive to the original records request, but in another request seeking text messages from board member Bill Smith, messages from Prehn to Smith were turned over, including one that read:
“I’ve got to decide if I’m going to stay on until the next appointee is confirmed. Evers notified me he’s not going to reappoint me I guess he thinks there’s some pretty big agenda items that I might not agree with LOL.”
The group argues that the text message obtained from Smith shows that Prehn “freely communicated about his decision to stay on the NRB and thus indicates the existence of additional text messages.”
Prehn has repeatedly refused to step down from his position on the board after Democratic Gov. Tony Evers announced a new appointee — Sandra Dee
Naas — at the end of April. He continued to chair board meetings and participate in votes until January, when Greg Kazmierski was elected the new chair.
The original records request, which was submitted by the organization on June 29, resulted in a number of email communications between Prehn, lawmakers, lobbyists and others. The group argues that by not providing the texts, Prehn is preventing the public from seeing the full scope of his involvement with special interest groups.
Prehn corresponded about whether to vacate his seat on the board, both before the appointment of Naas and after.
Prehn also communicated that there were several issues that he wished to vote on, so he was planning to retain his seat to do so. Among those topics were water issues — including the mitigation of PFAS, or “forever chemicals” — and Wisconsin’s wolf management program.