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Vernon Fire Chief’s Email Use: Is It Illegal?

Vernon Residents Question Legality and Transparency

Village of Vernon, Wis. – Concerns about transparency and accountability have emerged in the Village of Vernon following the discovery that Fire Chief Alex Felde has been using a personal Outlook email address to manage official fire department invoices. Vernon residents contacted Waukesha County Watch seeking clarity on whether this practice complies with Wisconsin’s Open Records Law.

The practice has drawn scrutiny from residents and transparency advocates, especially given Wisconsin’s strict open government laws. While the use of a personal email account for government work may seem questionable, legal experts and state guidance make it clear: it is not inherently illegal—but it does come with legal responsibilities.

Open Records Legal Expert Weighs In

Under Wisconsin’s Open Records Law (Wis. Stat. §§ 19.31–19.39), any record related to public business must be made available to the public, regardless of the email platform or device used.

For clarity, Waukesha County Watch spoke with an attorney with The Wisconsin Transparency Project. The Wisconsin Transparency Project is a nonprofit, nonpartisan legal organization dedicated to enforcing Wisconsin’s Open Records and Open Meetings laws. Founded by attorney Tom Kamenick, the group helps citizens, journalists, and watchdogs obtain government records, advocates for government transparency, and litigates cases when agencies unlawfully deny access to public information.

When asked about Chief Felde’s use of an outlook email address, Kamenick said, “It’s not illegal to use non-governmental email address to do government business.  But if they do, then those addresses are subject to the Open Records Law, and all emails to and from that address relevant to government business must be searched and produced.  As a department head, the legal responsibility for doing so falls on the chief himself.”

A smiling bald man with glasses and a beard is wearing a dark sweater, standing in front of autumn-colored foliage.
Tom Kamenick Wisconsin Transparency Project

Vernon Email Use: Wisconsin Case Law

Kamenick’s position is consistent with Wisconsin case law:

  • In Schill v. Wisconsin Rapids School District (2010 WI 86), the Wisconsin Supreme Court held that purely personal emails are not subject to disclosure—but work-related communications are, even if they’re sent from a personal email address.
  • In (unpublished) State ex rel. Beck v. Jefferson County (2019AP1947),a court affirmed that public officials can’t shield government communications by using private email accounts. “It is the content of the record—not the medium or the device—that determines whether it is a public record,” the court wrote.
  • The Wisconsin Department of Justice’s Public Records Compliance Guide reinforces this, stating that government-related communications on personal accounts are subject to disclosure and must be produced upon request.

You can download the WI DOJ Public Records Compliance Guide here:

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Personal Email Use Is Legal—But Still Guided By Wisconsin Law

Wisconsin’s Open Records Law requires that all records related to public business be available for inspection. It does not matter how or where they are stored. This means that emails sent from personal accounts like Outlook or Gmail are considered public records. Texts, social media messages, and other digital communications are also public records if they pertain to official government duties.

Using a personal email address for public business is not illegal. But, it becomes problematic if records are not retained. Issues arises when officials fail to produce records upon request or delete them—whether intentionally or due to the absence of a clear policy. To improve security, ensure consistent record-keeping, and streamline compliance with records requests, state guidance urges government agencies to use centralized, official email systems (i.e. .gov or .wi.us domains).

Vernon Officials Confirm Lack of Official Email Address

Waukesha County Watch spoke with Sue Fisher, Deputy Clerk for the Village of Vernon, about the village’s email policies. Fisher confirmed that the village does not have a formal policy governing the use of official email addresses. She also stated that Chief Felde does not have a village-issued email account and that she was not aware of the specific email address he uses for fire department business.

Village Administrator Karen Schuh also responded to a Waukesha County Watch inquiry. In her response, she said, “It is my understanding that any emails that are used are under the same scrutiny and open records requests”. She added, “Previously our Village attorney warned board members of using an email that is not affiliated with the town or village.  I also do not know how those emails are saved or backed up.  For many years we have had a few board members that did not use their ‘official emails'”.

A woman with curly blonde hair wearing a dark blazer poses in front of a large American flag backdrop. Village of Vernon administrator.
Karen Schuh Village of Vernon Administrator Clerk

Chief Alex Felde Responds

Chief Alex Felde addressed the concerns directly in a phone conversation with Waukesha County Watch. He stated that he is fully committed to transparency. He promised to share official emails from his personal email accounts to village administrators and the public, when requested through open records requests. Felde also emphasized the importance of clear and specific open records requests to guarantee the village can respond effectively.

Chief Felde explained that he uses his current email addresses because they allow him to quickly and easily access and respond to messages. Waukesha County Watch contacted Felde at both email addresses listed on his business card to confirm quotes for this article. As of publication date, he has not responded to multiple requests for comment. We had a friendly and productive phone conversation, but WCW wasn’t able to include direct quotes from him in this article.

How to Submit an Open Records Request in Vernon

The Village of Vernon has a public records request process available online.

  1. Visit the Village of Vernon Applications & Forms page
  2. Click “Citizen Request Forms”
  3. Select the “Open Records Request Form”

For questions about the process, citizens can contact:

Karen Schuh
Village Administrator/Clerk
📞 Phone: 262-662-2039
📧 Email: [email protected]

A Call for Transparency

Chief Felde’s use of a personal email address may not violate any laws, but it highlights the need for clear communication protocols, consistent recordkeeping, and strong public accountability. Waukesha County Watch attempted to verify quotes by emailing both addresses listed on Felde’s business card but received no response. Meanwhile, village administrators acknowledged that they were unaware of the specific email address Felde has been using for official business. These inconsistencies underscore the confusion that can arise when formal communication systems are not in place. They also raise broader questions about transparency and oversight.

Waukesha County Watch encourages residents with questions or concerns to attend monthly village board meetings. Each meeting begins with a public comment session—residents must arrive before the start to sign up to speak. Community members can also reach out directly to the Village of Vernon Board with any questions.


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Author

Ken Sallee
Ken Salleehttps://www.waukeshacountywatch.com
Ken is a husband, father, retired 23 year Army Veteran, content creator, and investigative journalist. Originally from Kentucky, he met his wife in 2004 while they were both stationed in Hanau, Germany. In 2022, after retirement, they moved back Mukwonago, Wisconsin where his wife is from. In their spare time, Ken and his family enjoy traveling, going to Packers, Bucks, and Brewers games, creating content, and spending time together. Ken has a deep passion for making sure our government officials are transparent with us, and making sure the community and its citizens know what is happening within our local schools, school administrations, and school board/village board meetings, and actually protecting our children and families.

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