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.
19.35(1)(c)
(c) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a comprehensible audio tape recording a copy of the tape recording substantially as audible as the original. The authority may instead provide a transcript of the recording to the requester if he or she requests.
19.35(1)(d)
(d) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a video tape recording a copy of the tape recording substantially as good as the original.
19.35(1)(e)
(e) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is not in a readily comprehensible form a copy of the information contained in the record assembled and reduced to written form on paper.
19.35(1)(em)
(em) If an authority receives a request to inspect or copy a record that is in handwritten form or a record that is in the form of a voice recording which the authority is required to withhold or from which the authority is required to delete information under
s. 19.36 (8) (b) because the handwriting or the recorded voice would identify an informant, the authority shall provide to the requester, upon his or her request, a transcript of the record or the information contained in the record if the record or information is otherwise subject to public inspection and copying under this subsection.
19.35(1)(f)
(f) Except as otherwise provided by law, any requester has a right to inspect any record not specified in
pars. (b) to
(e) the form of which does not permit copying. If a requester requests permission to photograph the record, the authority having custody of the record may permit the requester to photograph the record. If a requester requests that a photograph of the record be provided, the authority shall provide a good quality photograph of the record.
19.35(1)(g)
(g) Paragraphs (a) to
(c),
(e) and
(f) do not apply to a record which has been or will be promptly published with copies offered for sale or distribution.
19.35(1)(h)
(h) A request under
pars. (a) to
(f) is deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under
s. 19.37.
19.35(1)(i)
(i) Except as authorized under this paragraph, no request under
pars. (a) and
(b) to
(f) may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. Except as authorized under this paragraph, no request under
pars. (a) to
(f) may be refused because the request is received by mail, unless prepayment of a fee is required under
sub. (3) (f). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
19.35(1)(j)
(j) Notwithstanding
pars. (a) to
(f), a requester shall comply with any regulations or restrictions upon access to or use of information which are specifically prescribed by law.
19.35(1)(k)
(k) Notwithstanding
pars. (a),
(am),
(b) and
(f), a legal custodian may impose reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
19.35(1)(L)
(L) Except as necessary to comply with
pars. (c) to
(e) or
s. 19.36 (6), this subsection does not require an authority to create a new record by extracting information from existing records and compiling the information in a new format.
19.35(2)
(2) Facilities. The authority shall provide any person who is authorized to inspect or copy a record under
sub. (1) (a),
(am),
(b) or
(f) with facilities comparable to those used by its employes to inspect, copy and abstract the record during established office hours. An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.
19.35(3)(a)(a) An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.
19.35(3)(b)
(b) Except as otherwise provided by law or as authorized to be prescribed by law an authority may impose a fee upon the requester of a copy of a record that does not exceed the actual, necessary and direct cost of photographing and photographic processing if the authority provides a photograph of a record, the form of which does not permit copying.
19.35(3)(c)
(c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.
19.35(3)(d)
(d) An authority may impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.
19.35(3)(e)
(e) An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
19.35(3)(f)
(f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5. If the requester is a prisoner, as defined in
s. 301.01 (2), or is a person confined in a federal correctional institution located in this state, and he or she has failed to pay any fee that was imposed by the authority for a request made previously by that requester, the authority may require prepayment both of the amount owed for the previous request and the amount owed for the current request.
19.35(4)
(4) Time for compliance and procedures. 19.35(4)(a)(a) Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor.
19.35(4)(b)
(b) If a request is made orally, the authority may deny the request orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If an authority denies a written request in whole or in part, the requester shall receive from the authority a written statement of the reasons for denying the written request. Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under
s. 19.37 (1) or upon application to the attorney general or a district attorney.
19.35(4)(c)
(c) If an authority receives a request under
sub. (1) (a) or
(am) from an individual or person authorized by the individual who identifies himself or herself and states that the purpose of the request is to inspect or copy a record containing personally identifiable information pertaining to the individual that is maintained by the authority, the authority shall deny or grant the request in accordance with the following procedure:
19.35(4)(c)1.
1. The authority shall first determine if the requester has a right to inspect or copy the record under
sub. (1) (a).
19.35(4)(c)2.
2. If the authority determines that the requester has a right to inspect or copy the record under
sub. (1) (a), the authority shall grant the request.
19.35(4)(c)3.
3. If the authority determines that the requester does not have a right to inspect or copy the record under
sub. (1) (a), the authority shall then determine if the requester has a right to inspect or copy the record under
sub. (1) (am) and grant or deny the request accordingly.
19.35(5)
(5) Record destruction. No authority may destroy any record at any time after the receipt of a request for inspection or copying of the record under
sub. (1) until after the request is granted or until at least 60 days after the date that the request is denied or, if the requester is a committed or incarcerated person, until at least 90 days after the date that the request is denied. If an authority receives written notice that an action relating to a record has been commenced under
s. 19.37, the record may not be destroyed until after the order of the court in relation to such record is issued and the deadline for appealing that order has passed, or, if appealed, until after the order of the court hearing the appeal is issued. If the court orders the production of any record and the order is not appealed, the record may not be destroyed until after the request for inspection or copying is granted.
19.35(6)
(6) Elected official responsibilities. No elected official is responsible for the record of any other elected official unless he or she has possession of the record of that other official.
19.35 Annotation
Mandamus petition to inspect county hospital's statistical, administrative and other records not identifiable with individual patients, states cause of action under this section. State ex rel. Dalton v. Mundy, 80 W (2d) 190, 257 NW (2d) 877.
19.35 Annotation
Police daily arrest list must be open for public inspection. Newspapers, Inc. v. Breier, 89 W (2d) 417, 279 NW (2d) 179 (1979).
19.35 Annotation
Newspaper had right to intervene to protect right to examine sealed court file. Public official failed to qualify for exceptions to absolute disclosure rule of this section. State ex rel. Bilder v. Delavan Tp. 112 W (2d) 539, 334 NW (2d) 252 (1983).
19.35 Annotation
Although meeting was properly closed, in order to refuse inspection of meeting records custodian was required by (1) (a) to state specific and sufficient public policy reasons why public interest in nondisclosure outweighed public's right of inspection. Oshkosh Northwestern Co. v. Oshkosh Library Bd. 125 W (2d) 480, 373 NW (2d) 459 (Ct. App. 1985).
19.35 Annotation
Courts must apply open records balancing test to questions involving disclosure of court records. Under Hathaway test, party must show that public interests favoring secrecy outweigh those favoring disclosure. C. L. v. Edson, 140 W (2d) 168, 409 NW (2d) 417 (Ct. App. 1987).
19.35 Annotation
Public records germane to pending litigation were available under this section even though discovery cutoff deadline had passed. State ex rel. Lank v. Rzentkowski, 141 W (2d) 846, 416 NW (2d) 635 (Ct. App. 1987).
19.35 Annotation
In determining whether trial court properly upheld custodian's denial of access, appellate court will inquire whether trial court made a factual determination supported by record of whether documents implicate secrecy interest, and, if so, whether secrecy interest outweighs release interest. Milwaukee Journal v. Call, 153 W (2d) 313, 450 NW (2d) 515 (Ct. App. 1989).
19.35 Annotation
That releasing records would reveal confidential informant's identity was legally specific reason for denial of records request; public interest in revealing informant's identity outweighed public interest in disclosure of records. Mayfair Chrysler-Plymouth v. Baldarotta, 162 W (2d) 142, 469 NW (2d) 638 (1991).
19.35 Annotation
Recognized public policy interest in denying access to police personnel files overrides presumption that records should be released. Village of Butler v. Cohen, 163 W (2d) 819, 472 NW (2d) 579 (Ct. App. 1991).
19.35 Annotation
Items subject to examination under 346.70 (4) (f) may not be withheld by prosecution under common law rule that investigative material may be withheld from criminal defendant. State ex rel. Young v. Shaw, 165 W (2d) 276, 477 NW (2d) 340 (Ct. App. 1991).
19.35 Annotation
Prosecutor's files are exempt from public access under common law. State ex rel. Richards v. Foust, 165 W (2d) 429, 477 NW (2d) 608 (1991).
19.35 Annotation
Records relating to pending claims against state under 893.82 need not be disclosed under 19.35; records of non-pending claims must be disclosed unless an in camera inspection reveals attorney client privilege would be violated. George v. Record Custodian, 169 W (2d) 573, 485 NW (2d) 460 (Ct. App. 1992).
19.35 Annotation
Public records law confers no exemption as of right on indigents from payment of fees under (3). George v. Record Custodian, 169 W (2d) 573, 485 NW (2d) 460 (Ct. App. 1992).
19.35 Annotation
Denial of prisoner's information request regarding illegal behavior by guards on the grounds that it could compromise the guards' effectiveness and subject them to harassment was insufficient. State ex. rel. Ledford v. Turcotte, 195 W (2d) 244, 536 NW (2d) 130 (Ct. App. 1995).
19.35 Annotation
The amount of prepayment required for copies may be based on a reasonable estimate. State ex rel. Hill v. Zimmerman, 196 W (2d) 419, 538 NW (2d) 608 (Ct. App. 1995).
19.35 Annotation
The Foust decision does not automatically exempt all records stored in a closed prosecutorial file. The exemption is limited to material actually pertaining to the prosecution. Nichols v. Bennett, 199 W (2d) 268, 544 NW (2d) 428 (1996).
19.35 Annotation
There is no blanket exception under the open records law for public employe disciplinary or personnel records. There must be a balancing of interests on a case by case basis. Wisconsin Newspapers, Inc. v. School District of Sheboygan Falls, 199 W (2d) 769, 546 NW (2d) 143 (1996).
19.35 Annotation
Department of Regulation and Licensing test scores were subject to disclosure under the open records law. Munroe v. Braatz, 201 W (2d) 442, 549 NW (2d) 452 (Ct. App. 1996).
19.35 Annotation
Sub. (1) (i) and (3) (f) did not permit a demand for prepayment of $1.29 in response to a mail request for a record. Borzych v. Paluszcyk, 201 W (2d) 523, 549 NW (2d) 253 (Ct. App. 1996).
19.35 Annotation
Personal records in the hands of an authority are not exempt from the open records law. The custodian of the records must consider all relevant factors, balancing public and private interests, in determining whether the records should be released. The individual whose personal interests are implicated by the potential release of the records may intervene and seek circuit court review of a decision to release the records. Woznicki v. Erickson, 202 W (2d) 178, 549 NW (2d) 699 (1996).
19.35 Annotation
An agency cannot promulgate an administrative rule which creates an exception to the open records law. Chavala v. Bubolz, 204 W (2d) 82, 552 NW (2d) 892 (Ct. App. 1996).
19.35 Annotation
While certain statutes grant explicit exceptions to the open records law, many statutes set out broad categories of records not open to an open records request. A custodian faced with such a broad statute must state with specificity a public policy reason for refusing to release the requested record. Chavala v. Bubolz, 204 W (2d) 82, 552 NW (2d) 892 (Ct. App. 1996).
19.35 Annotation
The custodian is not authorized to comply with an open records request at some unspecified date in the future. Such a response constitutes a denial of the request. WTMJ, Inc. v. Sullivan, 204 W (2d) 452, 555 NW (2d) 125 (Ct. App. 1996).
19.35 Annotation
Subject to the redaction of officers' home addresses and supervisors' conclusions and recommendations regarding discipline, police records regarding use of deadly force are subject to public inspection. State ex rel. Journal/Sentinel, Inc. v. Arreola, 207 W (2d) 496, 558 NW (2d) 670 (Ct. App. 1996).
19.35 Annotation
A public school student's interim grades are pupil records specifically exempted from disclosure under s. 118.125. Where records are specifically exempted from disclosure, failure to specifically state reasons for denying an open records request for those records does not compel disclosure of those records. State ex rel. Blum v. Board of Education, 209 W (2d) 377, 565 NW (2d) 140 (Ct. App. 1997).
19.35 Annotation
Requesting a copy of 180 hours of audiotape of "911" calls, together with a transcription of the tape and log of each transmission received, was a request without "reasonable limitation" and was not a "sufficient request" under sub. (1) (h). Schopper v. Gehring, 210 W (2d) 209, 565 NW (2d) 187 (Ct. App. 1997).
19.35 Annotation
When access is sought to any records which pertain to an individual the targeted individual has a right to notification and to seek court review of the decision if the record custodian agrees to release the information. The test outlined in Woznicki applies to personnel records of public sector employes. Klein v. Wisconsin Resource Center, 218 W (2d) 487, 582 NW (2d) 44 (Ct. App. 1998).
19.35 Annotation
There is no reason to limit Woznicki to the situation where a district attorney is the custodian of the requested records. Milwaukee Teachers' Education Assn. v. Milwaukee Board of School Directors, 220 W (2d) 93, 582 NW (2d) 122 (Ct. App. 1998).
19.35 Annotation
Examination of birth records cannot be denied simply because the examiner has a commercial purpose. 58 Atty. Gen. 67.
19.35 Annotation
Consideration of a resolution is formal action of an administrative or minor governing body and when taken in proper closed session, the resolution and result of vote must be made available for public inspection absent specific showing that the public interest would be adversely affected. 60 Atty. Gen. 9.
19.35 Annotation
Inspection of public records obtained under official pledges of confidentiality may be denied where a clear pledge has been made in order to obtain the information, where the pledge was necessary to obtain the information, and where the custodian determines that the harm to the public interest resulting from inspection would outweigh the public interest in full access to public records. Custodian must permit inspection of information submitted under an official pledge of confidentiality where the official or agency had specific statutory authority to require its submission. 60 Atty. Gen. 284.
19.35 Annotation
The right to inspection and copying of public records in decentralized offices discussed. 61 Atty. Gen. 12.
19.35 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.
19.35 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.
19.35 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.
19.35 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.
19.35 Annotation
Public's right to inspect land acquisition files of the department of natural resources discussed. 63 Atty. Gen. 573.
19.35 Annotation
Financial statements filed in connection with applications for motor vehicle dealers' and motor vehicle salvage dealers' licenses are public records, subject to limitations. 66 Atty. Gen. 302.
19.35 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, subject to limitations. 67 Atty. Gen. 12.
19.35 Annotation
Right to examine and copy computer-stored information discussed. 68 Atty. Gen. 231.
