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The county denied the requests, erroneously citing a statutory exemption to the Wisconsin open meetings law covering employee performance evaluations. Under state law, performance evaluations are not public record for rank and file workers but are public record for government officials in leadership roles such as the people who were at the center of the request.

Zoril was represented by attorney Tom Kamenick, president and founder of the Wisconsin Transparency Project, which specializes in government transparency.

“Government officers are not covered by that exemption,” Kamenick wrote in a statement. “The public is entitled to see how high-level decision-makers are being evaluated — especially those entrusted with oversight, legal authority, and multi-million-dollar departments.”

The request for the documents came after Smith’s departure to become the senior associate vice president for finance at the Universities of Wisconsin and controversy regarding Smith and Luster approving Deputy Health and Human Services Director Tera O’Connor’s telework arrangement after O’Connor moved to Tennessee.

“The public deserves to know how these people are being evaluated — or if they’re being reviewed at all,” Zoril said in a statement via Kamenick. “Secrecy protects insiders and shuts the public out. If we want an honest government, we have to demand transparency from the top down.”

In a statement to The 69���� on Thursday, the county said that it had “made an inadvertent mistake in reading the law when it initially denied the request,” but also went on to call Zoril’s lawsuit “unnecessary.”

“As was stated to Attorney Kamenick when he filed the lawsuit on behalf of Mr. Zoril, had he contacted the county prior to filing, the county would have immediately realized its mistake and released the requested records,” the statement said.

The 69���� requested the documents, as well. Rock County Administrator John Light released them Thursday.

The most recent performance evaluation for Smith was in 2020. The 69���� has requested Smith’s employee agreement for review.

Smith’s evaluations were done by the county board’s staff committee. His other four evaluations were done in February 2019, November 2017, August 2016 and September 2015.

Greenlee had an evaluation in June, which was conducted by Light. Greenlee has been receiving bi-annual reviews since 2021. Prior to his review in May 2021, Greenlee had a review in January 2020 and November 2018. Those were done by Smith.

Luster’s last five evaluations were in May 2018, February 2010, May 2021, June 2023, September 2024 and in March of this year. With the exception of March when Assistant County Administrator Randy Terronez conducted the evaluation, all of her evaluations were done by Smith.