AB369: Bill Text

LRB-2089/1

JTK:cmh:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 369

June 8, 1999 - Introduced by Representatives Travis, Albers, Miller and Boyle, cosponsored by Senators Erpenbach and Schultz. Referred to Committee on Government Operations.

AB369,1,3 An Act to amend 19.36 (7) (a) of the statutes; relating to: public access to records of the identities of final candidates for certain local governmental positions.

Analysis by the Legislative Reference Bureau

Currently, under the public records law, local governments are prohibited from providing public access to any record that reveals the identity of an applicant for a position that is covered by the statutory code of ethics for local public officials if the applicant does not wish to be identified, unless the applicant is a final candidate. A final candidate generally includes at least the top five candidates for a position. Currently, the code applies to appointive positions that are filled for a specified term or positions that are filled by the executive or administrative head or the governing body of the local governmental unit and in which the incumbent serves at the pleasure of the appointing authority, except clerical positions, independent contractors and positions that are limited to the exercise of nondiscretionary functions.

This bill extends the law governing access to records of the identities of final candidates (but not the code of ethics) to apply to appointive offices or positions in which an individual serves as the head of a department, agency or division of a local governmental unit, subject to the current exceptions.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB369, s. 1 Section 1. 19.36 (7) (a) of the statutes is amended to read:

AB369,2,14 19.36 (7) (a) In this section, "final candidate" means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment and whose name is submitted for final consideration to an authority for appointment to any state position, except a position in the classified service, or; to any local public office, as defined in s. 19.42 (7w); or to any appointive office or position of a local governmental unit, as defined in s. 19.42 (7u), in which an individual serves as the head of a department, agency or division of the local governmental unit. "Final candidate" includes, whenever there are at least 5 candidates for an office or position, each of the 5 candidates who are considered most qualified for the office or position by an authority, and whenever there are less than 5 candidates for an office or position, each such candidate. Whenever an appointment is to be made from a group of more than 5 candidates, "final candidate" also includes each candidate in the group.

AB369,2,15 (End)