4. Information relating to one or more specific employees that is used by an
authority or by the employer of the employees for staff management planning, including
performance evaluations, judgments, or recommendations concerning future salary
adjustments or other wage treatments, management bonus plans, promotions, job
assignments, letters of reference, or other comments or ratings relating to employees.
5. Information maintained, prepared, or provided by an employer concerning the
home address, home email address, home telephone number, or social security number
of an individual who holds an elective public office or a state public office, unless the
individual authorizes the authority to provide access to such information. This provision
does not apply to the home address of an individual who has been elected or to the home
address of an individual who, as a condition of employment, is required to reside in a
specified location.
6. A record prepared or provided by an employer, performing under a contract
requiring the payment of prevailing wages, that contains personally identifiable
information relating to an employee of that employer, unless the employee authorizes the
authority to provide access to that information. The term "personally identifiable
information" does not include information relating to an employee's work classification,
hours of work, or wage or benefit payments received for work on such projects.
AB196, s. 8
1Section
8
. 59.20 (3) (a) of the statutes is amended to read:
AB196,12,122
59.20
(3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer,
3register of probate, clerk and county surveyor shall keep his or her office at the county
4seat in the offices provided by the county or by special provision of law; or if there is
5none, then at such place as the board directs. The board may also require any elective
6or appointive county official to keep his or her office at the county seat in an office
7to be provided by the county. All such officers shall keep their offices open during the
8usual business hours of any day except Sunday, as the board directs. With proper
9care, the officers shall open to the examination of any person all books and papers
10required to be kept in his or her office and permit any person so examining to take
11notes and copies of such books, records, papers or minutes therefrom except as
12authorized in par. (c) and
s. ss. 19.36 (10) to (12) and 19.59 (3) (d) or under ch. 69.
Note: Section 59.20 (3) (a), stats., provides that certain county officers must open
to the examination of any person all books and papers required to be kept in his or her
office and permit any person examining the records to take notes and copies of the books,
records, papers, or minutes except as otherwise provided. The officers to which this
requirement applies are every sheriff, clerk of the circuit court, register of deeds,
treasurer, register of probate, clerk, and county surveyor. This provision has been
interpreted by Wisconsin's courts to mean that a requester has the absolute right to
inspect records required to be kept by law by these officers unless: (a) there is a statutory
exception to this right; (b) there is a constitutional provision preventing release of the
record; or (c) a court, exercising its inherent authority over judicial records, prevents
access to a record when the administration of justice so requires. [See State ex rel. Journal
Co. v. County Court for Racine County, 43 Wis. 2d 297, 168 N.W.2d 836 (1969); State ex
rel. Bilder v. Township of Delavan, 112 Wis. 2d 539, 334 N.W.2d 252 (1983); and State ex
rel. Schultz v. Bruendl, 168 Wis. 2d 101, 483 N.W.2d 238 (Ct. App. 1992).]
In order to take into account the treatment of employee-related records in this bill,
this Section amends s. 59.20 (3) (a), stats., to provide that county officers must, to the
extent provided by current statutes, keep their records open to inspection, except as
provided under proposed s. 19.36 (10) to (12), stats.
AB196, s. 9
1Section
9
. 61.25 (5) of the statutes is amended to read:
AB196,13,72
61.25
(5) To be the custodian of the corporate seal, and to file as required by law
3and to safely keep all records, books, papers or property belonging to, filed or
4deposited in the clerk's office, and deliver the same to the clerk's successor when
5qualified; to permit
, subject to subch. II of ch. 19, any person with proper care to
6examine and copy any of the same, and to make and certify a copy of any thereof when
7required, on payment of the same fees allowed town clerks therefor.
Note: This Section amends s. 61.25 (5), stats., to clarify that a village clerk must
comply with all aspects of the open records law, including the provisions of the bill relating
to employee-related records.
AB196, s. 10
8Section
10
. 62.09 (11) (f) of the statutes is amended to read:
AB196,13,109
62.09
(11) (f) The clerk shall keep all papers and records in the clerk's office
10open to inspection at all reasonable hours
subject to subch. II of ch. 19.
Note: This Section amends s. 62.09 (11) (f), stats., to clarify that a city clerk must
comply with all aspects of the open records law, including the provisions of the bill relating
to employee-related records.
AB196, s. 11
11Section
11
. 230.13 (1) (intro.) of the statutes is amended to read:
AB196,13,1412
230.13
(1) (intro.) Except as provided in sub. (3) and
s. ss. 19.36 (10) to (12) and 13103.13, the secretary and the administrator may keep records of the following
14personnel matters closed to the public:
Note: See the note to Section 13.
AB196, s. 12
15Section
12
. 230.13 (3) of the statutes is renumbered 230.13 (3) (a) and
16amended to read.
AB196,14,417
230.13
(3) (a) The secretary and the administrator shall provide to the
18department of workforce development or a county child support agency under s.
159.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed
2to the public under this section. Information provided under this
subsection 3paragraph may only include an individual's name and address, an individual's
4employer and financial information related to an individual.
Note: See the note to Section 13.
AB196, s. 13
5Section
13
. 230.13 (3) (b) of the statutes is created to read:
AB196,14,86
230.13
(3) (b) The secretary and the administrator may provide any agency
7with personnel information relating to the hiring and recruitment process, including
8specifically the examination scores and ranks and other evaluations of applicants.
Note: Section 230.13, stats., in general provides that the secretary of the
Department of Employment Relations and the administrator of the Division of Merit
Recruitment and Selection may keep records of the following personnel matters closed
to the public:
1. Examination scores and ranks and other evaluations of applicants.
2. Dismissals, demotions, and other disciplinary actions.
3. Pay survey data obtained from identifiable, nonpublic employers.
4. Names of nonpublic employers contributing any pay survey data.
This Section and Sections 11 and 12 amend the statutes to specify that regardless
of the discretionary authority to keep certain personnel matters closed to the public, the
secretary and the administrator must keep from public access that information listed in
s. 19.36 (10) to (12), stats., as created in this bill. However, this Section also specifies that
the secretary and the administrator may provide any agency with personnel information
relating to the hiring and recruitment process, including specifically the examination
scores and ranks and other evaluations of applicants.
AB196, s. 14
9Section
14. 233.13 (intro.) of the statutes is amended to read:
AB196,14,12
10233.13 Closed records. (intro.) Except as provided in
s. ss. 19.36 (10) to (12)
11and 103.13, the authority may keep records of the following personnel matters closed
12to the public:
Note: Section 233.13, stats., provides that the University of Wisconsin Hospitals
and Clinics authority may keep records of certain personnel matters closed to the public.
These personnel matters include all of those matters specified in the comment to Section
13 and include the addresses and home telephone numbers of authority employees.
This Section amends the statutes to provide that the authority must keep closed
to public access the information listed in s. 19.36 (10) to (12), stats., as created in this bill.
AB196, s. 15
13Section
15. 808.04 (1m) of the statutes is created to read:
AB196,15,2
1808.04
(1m) An appeal by a record subject under s. 19.356 shall be initiated
2within 20 days after the date of entry of the judgment or order appealed from.
Note: Generally, s. 808.04, stats., provides that an appeal to the court of appeals
must be initiated within 45 days after entry of a judgment or an order. This Section
creates s. 808.04 (1m), stats., to provide that an appeal by a record subject under s. 19.356,
stats., as created in this bill, must be initiated within 20 days after the date of entry of
the judgment or order appealed from.