19.21 Annotation
The right to inspection and copying of public records in decentralized offices discussed. 61 Atty. Gen. 12.
19.21 Annotation
Public records subject to inspection and copying by any person would include list of students awaiting particular program in a VTAE (technical college) district school. 61 Atty. Gen. 297.
19.21 Annotation
The investment board can only deny members of the public from inspecting and copying portions of the minutes relating to the investment of state funds and documents pertaining thereto on a case-by-case basis where valid reasons for denial exist and are specially stated. 61 Atty. Gen. 361.
19.21 Annotation
Matters and documents in the possession or control of school district officials containing information concerning the salaries, including fringe benefits, paid to individual teachers are matters of public record. 63 Atty. Gen. 143.
19.21 Annotation
Common school districts are presently without authority to destroy records which fall within (1) and which are not pupil records under 118.125 (1). Where city school district is involved, city council could by ordinance provide for destruction of obsolete school district records under (5) (a). Meaning of public records as related to school districts discussed. 63 Atty. Gen. 272.
19.21 Annotation
Department of administration probably has authority under sub. (1) and s. 19.21 (2), 1979 stats., [now see 19.35] to provide private corporation with camera-ready copy of session laws which is product of printout of computer stored public records if costs are minimal. State cannot contract on a continuing basis for the furnishing of this service. 63 Atty. Gen. 302.
19.21 Annotation
Scope of the duty of the governor to allow members of the public to examine and copy public records in his custody discussed. 63 Atty. Gen. 400.
19.21 Annotation
Public's right to inspect land acquisition files of the department of natural resources and relationship with 66.77 discussed. 63 Atty. Gen. 573.
19.21 Annotation
Financial statements filed in connection with applications for motor vehicle dealers' and motor vehicle salvage dealers' licenses are public records under (2), subject to limitations. 66 Atty. Gen. 302.
19.21 Annotation
Sheriff's radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records under (2), subject to limitations. 67 Atty. Gen. 12.
19.21 Annotation
Plans and specifications filed with DILHR under 101.12 are public records under 16.61 and 19.21 and are available for public inspection. 67 Atty. Gen. 214.
19.21 Annotation
Under (1), district attorneys must preserve indefinitely papers of a documentary nature, evidencing activities of prosecutor's office. 68 Atty. Gen. 17.
19.21 Annotation
Right to privacy law, 895.50, does not affect duties of custodian of public records under 19.21. 68 Atty. Gen. 68.
19.21 Annotation
Right to examine and copy computer-stored information discussed. 68 Atty. Gen. 231.
19.21 Annotation
After transcript of court proceedings is filed with clerk of court, any person may examine or copy transcript. 68 Atty. Gen. 313.
19.21 Annotation
County under 500,000 may destroy obsolete case records maintained by county social services agency under 48.59 (1). 70 Atty. Gen. 196.
19.21 Annotation
VTAE (technical college) district is "school district" under (6). District may not maintain records on microfilm.
71 Atty. Gen. 9.
19.22
19.22
Proceedings to compel the delivery of official property. 19.22(1)(1) If any public officer refuses or neglects to deliver to his or her successor any official property or things as required in
s. 19.21, or if the property or things shall come to the hands of any other person who refuses or neglects, on demand, to deliver them to the successor in the office, the successor may make complaint to any circuit judge for the county where the person refusing or neglecting resides. If the judge is satisfied by the oath of the complainant and other testimony as may be offered that the property or things are withheld, the judge shall grant an order directing the person so refusing to show cause, within some short and reasonable time, why the person should not be compelled to deliver the property or things.
19.22(2)
(2) At the time appointed, or at any other time to which the matter may be adjourned, upon due proof of service of the order issued under
sub. (1), if the person complained against makes affidavit before the judge that the person has delivered to the person's successor all of the official property and things in the person's custody or possession pertaining to the office, within the person's knowledge, the person complained against shall be discharged and all further proceedings in the matter before the judge shall cease.
19.22(3)
(3) If the person complained against does not make such affidavit the matter shall proceed as follows:
19.22(3)(a)
(a) The judge shall inquire further into the matters set forth in the complaint, and if it appears that any such property or things are withheld by the person complained against the judge shall by warrant commit the person complained against to the county jail, there to remain until the delivery of such property and things to the complainant or until the person complained against be otherwise discharged according to law.
19.22(3)(b)
(b) If required by the complainant the judge shall also issue a warrant, directed to the sheriff or any constable of the county, commanding the sheriff or constable in the daytime to search such places as shall be designated in such warrant for such official property and things as were in the custody of the officer whose term of office expired or whose office became vacant, or of which the officer was the legal custodian, and seize and bring them before the judge issuing such warrant.
19.22(3)(c)
(c) When any such property or things are brought before the judge by virtue of such warrant, the judge shall inquire whether the same pertain to such office, and if it thereupon appears that the property or things pertain thereto the judge shall order the delivery of the property or things to the complainant.
19.23
19.23
Transfer of records or materials to historical society. 19.23(1)(1) Any public records, in any state office, that are not required for current use may, in the discretion of the public records board, be transferred into the custody of the historical society, as provided in
s. 16.61.
19.23(2)
(2) The proper officer of any county, city, village, town, school district or other local governmental unit, may under
s. 44.09 (1) offer title and transfer custody to the historical society of any records deemed by the society to be of permanent historical importance.
19.23(3)
(3) The proper officer of any court may, on order of the judge of that court, transfer to the historical society title to such court records as have been photographed or microphotographed or which have been on file for at least 75 years, and which are deemed by the society to be of permanent historical value.
19.23(4)
(4) Any other articles or materials which are of historic value and are not required for current use may, in the discretion of the department or agency where such articles or materials are located, be transferred into the custody of the historical society as trustee for the state, and shall thereupon become part of the permanent collections of said society.
19.24
19.24
Refusal to deliver money, etc., to successor. Any public officer whatever, in this state, who shall, at the expiration of the officer's term of office, refuse or wilfully neglect to deliver, on demand, to the officer's successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to the office and in the officer's hands or under the officer's control by virtue thereof, shall be imprisoned not more than 6 months or fined not more than $100.
19.24 History
History: 1991 a. 316.
19.25
19.25
State officers may require searches, etc., without fees. The secretary of state, treasurer and attorney general, respectively, are authorized to require searches in the respective offices of each other and in the offices of the clerk of the supreme court, of the court of appeals, of the circuit courts, of the registers of deeds for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom without the payment of any fee or charge whatever.
19.25 History
History: 1977 c. 187,
449.
19.31
19.31
Declaration of policy. In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employes who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employes whose responsibility it is to provide such information. To that end,
ss. 19.32 to
19.37 shall be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business. The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.
19.31 History
History: 1981 c. 335,
391.
19.31 Annotation
The Wisconsin public records law. 67 MLR 65 (1983).
19.31 Annotation
Municipal responsibility under the Wisconsin revised public records law. Maloney. WBB Jan. 1983.
19.31 Annotation
The public records law and the Wisconsin department of revenue. Boykoff. WBB Dec. 1983.
19.31 Annotation
The Wis. open records act: an update on issues. Trubek and Foley. WBB Aug. 1986.
19.31 Annotation
Toward a More Open and Accountable Government: A Call For Optimal Disclosure Under the Wisconsin Open Records Law. Roang. 1994 WLR 719.
19.32(1)
(1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under
subch. II of ch. 229; any public purpose corporation, as defined in
s. 181.79 (1); any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in
s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under
s. 42.11 (3); or a formally constituted subunit of any of the foregoing.
19.32(1c)
(1c) "Incarcerated person" means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under
s. 973.09 (4) as a condition of placement, during the period of confinement for which the person has been sentenced.
19.32(1e)
(1e) "Penal facility" means a state prison under
s. 302.01, county jail, county house of correction or other state, county or municipal correctional or detention facility.
19.32(1m)
(1m) "Person authorized by the individual" means the parent, guardian, as defined in
s. 48.02 (8), or legal custodian, as defined in
s. 48.02 (11), of a child, as defined in
s. 48.02 (2), the guardian, as defined in
s. 880.01 (3), of an individual adjudged incompetent, as defined in
s. 880.01 (4), the personal representative or spouse of an individual who is deceased or any person authorized, in writing, by the individual to exercise the rights granted under this section.
19.32(1r)
(1r) "Personally identifiable information" has the meaning specified in
s. 19.62 (5).
19.32(2)
(2) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "Record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
19.32(3)
(3) "Requester" means any person who requests inspection or copies of a record, except an incarcerated person, unless the person requests inspection or copies of a record that contains specific references to that person or his or her minor children for whom he or she has not been denied physical placement under
ch. 767, and the record is otherwise accessible to the person by law.
19.32 Annotation
See note to s. 59.20, citing C. L. v. Edson, 140 W (2d) 168, 409 NW (2d) 417 (Ct. App. 1987).
19.32 Annotation
Risk management study commissioned by corporation counsel was not "draft" under (2); evidence showed county paid for and used study in various ways. Fox v. Bock, 149 W (2d) 403, 438 NW (2d) 589 (1989).
19.32 Annotation
A settlement agreement containing a pledge of confidentiality kept in the possession of a school district's attorney was a public record subject to public access. Journal/Sentinel v. Shorewood School Bd. 186 W (2d) 443, 521 NW (2d) 165 (Ct. App. 1994).
19.32 Annotation
"Records" must have some relation to functions of agency.
72 Atty. Gen. 99.
19.32 AnnotationTreatment of drafts under the public records law discussed.
77 Atty. Gen. 100.
19.32 Annotation
Applying Open Records Policy to Wisconsin District Attorneys: Can Charging Guidelines Promote Public Awareness? Mayer. 1996 WLR 295.
19.33
19.33
Legal custodians. 19.33(1)(1) An elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employe of his or her staff to act as the legal custodian.
19.33(2)
(2) The chairperson of a committee of elected officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
19.33(3)
(3) The cochairpersons of a joint committee of elected officials, or the designee of the cochairpersons, are the legal custodians of the records of the joint committee.
19.33(4)
(4) Every authority not specified in
subs. (1) to
(3) shall designate in writing one or more positions occupied by an officer or employe of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter. In the absence of a designation the authority's highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority. The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter. Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employes of the authority entrusted with records subject to the legal custodian's supervision.
19.33(5)
(5) Notwithstanding
sub. (4), if an authority specified in
sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
19.33(6)
(6) The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in
s. 19.35 (4). This subsection does not apply to members of the legislature or to members of any local governmental body.
19.33(7)
(7) The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
19.33(8)
(8) No elected official of a legislative body has a duty to act as or designate a legal custodian under
sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee's records by rule or by law.
19.33 History
History: 1981 c. 335.
19.34
19.34
Procedural information. 19.34(1)
(1) Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under
s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. This subsection does not apply to members of the legislature or to members of any local governmental body.
19.34(2)(a)(a) Each authority which maintains regular office hours at the location where records in the custody of the authority are kept shall permit access to the records of the authority at all times during those office hours, unless otherwise specifically authorized by law.
19.34(2)(b)
(b) Each authority which does not maintain regular office hours at the location where records in the custody of the authority are kept shall:
19.34(2)(b)1.
1. Permit access to its records upon at least 48 hours' written or oral notice of intent to inspect or copy a record; or
19.34(2)(b)2.
2. Establish a period of at least 2 consecutive hours per week during which access to the records of the authority is permitted. In such case, the authority may require 24 hours' advance written or oral notice of intent to inspect or copy a record.
19.34(2)(c)
(c) An authority imposing a notice requirement under
par. (b) shall include a statement of the requirement in its notice under
sub. (1), if the authority is required to adopt a notice under that subsection.
19.34(2)(d)
(d) If a record of an authority is occasionally taken to a location other than the location where records of the authority are regularly kept, and the record may be inspected at the place at which records of the authority are regularly kept upon one business day's notice, the authority or legal custodian of the record need not provide access to the record at the occasional location.
19.34 History
History: 1981 c. 335.
19.35
19.35
Access to records; fees. 19.35(1)(a)(a) Except as otherwise provided by law, any requester has a right to inspect any record. Substantive common law principles construing the right to inspect, copy or receive copies of records shall remain in effect. The exemptions to the requirement of a governmental body to meet in open session under
s. 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under
s. 19.33 makes a specific demonstration that there is a need to restrict public access at the time that the request to inspect or copy the record is made.
19.35(1)(am)
(am) In addition to any right under
par. (a), any requester who is an individual or person authorized by the individual, has a right to inspect any record containing personally identifiable information pertaining to the individual that is maintained by an authority and to make or receive a copy of any such information. The right to inspect or copy a record under this paragraph does not apply to any of the following:
19.35(1)(am)1.
1. Any record containing personally identifiable information that is collected or maintained in connection with a complaint, investigation or other circumstances that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding, or any such record that is collected or maintained in connection with such an action or proceeding.
19.35(1)(am)2.
2. Any record containing personally identifiable information that, if disclosed, would do any of the following:
19.35(1)(am)2.c.
c. Endanger the security of any state correctional institution, as defined in
s. 301.01 (4), jail, as defined in
s. 165.85 (2) (bg), secured correctional facility, as defined in
s. 938.02 (15m), secured child caring institution, as defined in
s. 938.02 (15g), mental health institute, as defined in
s. 51.01 (12), center for the developmentally disabled, as defined in
s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
19.35(1)(am)2.d.
d. Compromise the rehabilitation of a person in the custody of the department of corrections or detained in a jail or facility identified in
subd. 2. c.
19.35(1)(am)3.
3. Any record that is part of a records series, as defined in
s. 19.62 (7), that is not indexed, arranged or automated in a way that the record can be retrieved by the authority maintaining the records series by use of an individual's name, address or other identifier.
19.35(1)(b)
(b) Except as otherwise provided by law, any requester has a right to inspect a record and to make or receive a copy of a record which appears in written form. If a requester appears personally to request a copy of a record, the authority having custody of the record may, at its option, permit the requester to photocopy the record or provide the requester with a copy substantially as readable as the original.
