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.
19.35 Annotation
After transcript of court proceedings is filed with clerk of court, any person may examine or copy transcript. 68 Atty. Gen. 313.
19.35 Annotation
Custodian may not require requester to pay cost of unrequested certification. Unless fee for copies of records is established by law, custodian may not charge more than actual and direct cost of reproduction.
72 Atty. Gen. 36.
19.35 Annotation
Copying fee but not location fee may be imposed on requester for cost of computer run.
72 Atty. Gen. 68.
19.35 Annotation
Public records relating to employe grievances are not generally exempt from disclosure. Nondisclosure must be justified on case-by-case basis.
73 Atty. Gen. 20.
19.35 Annotation
Disclosure of employe's birth date, sex, ethnic heritage and handicapped status discussed.
73 Atty. Gen. 26.
19.35 Annotation
Department of regulation and licensing may refuse to disclose records relating to complaints against health care professionals while the matters are merely "under investigation"; good faith disclosure of same will not expose custodian to liability for damages; prospective continuing requests for records are not contemplated by public records law.
73 Atty. Gen. 37.
19.35 AnnotationProsecutors' case files are exempt from disclosure.
74 Atty. Gen. 4.
19.35 Annotation
Relationship between public records law and pledges of confidentiality in settlement agreements discussed.
74 Atty. Gen. 14.
19.36
19.36
Limitations upon access and withholding. 19.36(1)(1)
Application of other laws. Any record which is specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law is exempt from disclosure under
s. 19.35 (1), except that any portion of that record which contains public information is open to public inspection as provided in
sub. (6).
19.36(2)
(2) Law enforcement records. Except as otherwise provided by law, whenever federal law or regulations require or as a condition to receipt of aids by this state require that any record relating to investigative information obtained for law enforcement purposes be withheld from public access, then that information is exempt from disclosure under
s. 19.35 (1).
19.36(3)
(3) Contractors' records. Each authority shall make available for inspection and copying under
s. 19.35 (1) any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority. This subsection does not apply to the inspection or copying of a record under
s. 19.35 (1) (am).
19.36(4)
(4) Computer programs and data. A computer program, as defined in
s. 16.971 (4) (c), is not subject to examination or copying under
s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in
s. 19.35 or this section.
19.36(5)
(5) Trade secrets. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in
s. 134.90 (1) (c).
19.36(6)
(6) Separation of information. If a record contains information that is subject to disclosure under
s. 19.35 (1) (a) or
(am) and information that is not subject to such disclosure, the authority having custody of the record shall provide the information that is subject to disclosure and delete the information that is not subject to disclosure from the record before release.
19.36(7)
(7) Identities of applicants for public positions. 19.36(7)(a)(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). "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.
19.36(7)(b)
(b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.
19.36(8)
(8) Identities of law enforcement informants. 19.36(8)(a)1.
1. "Informant" means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:
19.36(8)(a)1.a.
a. Another person who the individual or the law enforcement agency suspects has violated, is violating or will violate a federal law, a law of any state or an ordinance of any local government.
19.36(8)(a)1.b.
b. Past, present or future activities that the individual or law enforcement agency believes may violate a federal law, a law of any state or an ordinance of any local government.
19.36(8)(b)
(b) If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under
s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under
s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.
19.36(9)
(9) Records of plans or specifications for state buildings. Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under
s. 19.35 (1) except as the department of administration otherwise provides by rule.
19.36 Annotation
Computerized compilation of bibliographic records discussed in relation to copyright law; requester is entitled to copy of computer tape or printout of information on tape.
75 Atty. Gen. 133 (1986).
19.36 AnnotationFederal exemption was not incorporated under (1).
77 Atty. Gen. 20.
19.36 Annotation
Sub. (7) is an exception to the public records law and should be narrowly construed. In sub. (7) "applicant" and "candidate" are synonymous. "Final candidates" are the five most qualified unless there are less than five applicants in which case all are final candidates.
81 Atty. Gen. 37.
19.36 Annotation
Public access to law enforcement records. Fitzgerald. 68 MLR 705 (1985).
19.365
19.365
Rights of data subject to challenge; authority corrections. 19.365(1)(1) Except as provided under
sub. (2), an individual or person authorized by the individual may challenge the accuracy of a record containing personally identifiable information pertaining to the individual that is maintained by an authority if the individual is authorized to inspect the record under
s. 19.35 (1) (a) or
(am) and the individual notifies the authority, in writing, of the challenge. After receiving the notice, the authority shall do one of the following:
19.365(1)(a)
(a) Concur with the challenge and correct the information.
19.365(1)(b)
(b) Deny the challenge, notify the individual or person authorized by the individual of the denial and allow the individual or person authorized by the individual to file a concise statement setting forth the reasons for the individual's disagreement with the disputed portion of the record. A state authority that denies a challenge shall also notify the individual or person authorized by the individual of the reasons for the denial.
19.365(2)
(2) This section does not apply to any of the following records:
19.365(2)(b)
(b) Any record pertaining to an individual if a specific state statute or federal law governs challenges to the accuracy of the record.
19.365 History
History: 1991 a. 269 ss.
27d,
27e,
35am,
37am,
39am.
19.37
19.37
Enforcement and penalties. 19.37(1)
(1)
Mandamus. If an authority withholds a record or a part of a record or delays granting access to a record or part of a record after a written request for disclosure is made, the requester may pursue either, or both, of the alternatives under
pars. (a) and
(b).
19.37(1)(a)
(a) The requester may bring an action for mandamus asking a court to order release of the record. The court may permit the parties or their attorneys to have access to the requested record under restrictions or protective orders as the court deems appropriate.
19.37(1)(b)
(b) The requester may, in writing, request the district attorney of the county where the record is found, or request the attorney general, to bring an action for mandamus asking a court to order release of the record to the requester. The district attorney or attorney general may bring such an action.
19.37(1m)
(1m) Time for commencing action. No action for mandamus under
sub. (1) to challenge the denial of a request for access to a record or part of a record may be commenced by any committed or incarcerated person later than 90 days after the date that the request is denied by the authority having custody of the record or part of the record.
19.37(1n)
(1n) Notice of claim. Sections 893.80 and
893.82 do not apply to actions commenced under this section.
19.37(2)(a)(a) Except as provided in this paragraph, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under
sub. (1) relating to access to a record or part of a record under
s. 19.35 (1) (a). If the requester is a committed or incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages. Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under
s. 19.33 is employed and may not become a personal liability of any public official.
19.37(2)(b)
(b) In any action filed under
sub. (1) relating to access to a record or part of a record under
s. 19.35 (1) (am), if the court finds that the authority acted in a wilful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.
19.37(3)
(3) Punitive damages. If a court finds that an authority or legal custodian under
s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.
19.37(4)
(4) Penalty. Any authority which or legal custodian under
s. 19.33 who arbitrarily and capriciously denies or delays response to a request or charges excessive fees may be required to forfeit not more than $1,000. Forfeitures under this section shall be enforced by action on behalf of the state by the attorney general or by the district attorney of any county where a violation occurs. In actions brought by the attorney general, the court shall award any forfeiture recovered together with reasonable costs to the state; and in actions brought by the district attorney, the court shall award any forfeiture recovered together with reasonable costs to the county.
19.37 Annotation
Party seeking fees under sub. (2) must show that prosecution of action could reasonably be regarded as necessary to obtain information and that "causal nexus" exists between that action and agency's surrender of information. State ex rel. Vaughan v. Faust, 143 W (2d) 868, 422 NW (2d) 898 (Ct. App. 1988).
19.37 Annotation
If agency exercises due diligence but is unable to respond timely to records request, plaintiff must show that mandamus action was necessary to secure records release to qualify for award of fees and costs under sub. (2). Racine Ed. Ass'n. v. Bd. of Ed., 145 W (2d) 518, 427 NW (2d) 414 (Ct. App. 1988).
19.37 Annotation
Assuming sub. (1) (a) applies before mandamus is issued, trial court retains discretion to refuse counsel's participation in in camera inspection. Milwaukee Journal v. Call, 153 W (2d) 313, 450 NW (2d) 515 (Ct. App. 1989).
19.37 Annotation
Where trial court has incomplete knowledge of contents of public records sought, it must conduct in camera inspection to determine what may be disclosed following custodian's refusal. State ex rel. Morke v. Donnelly, 155 W (2d) 521, 455 NW (2d) 893 (1990).
19.37 Annotation
Pro se litigant not entitled to attorney's fees. State ex rel. Young v. Shaw, 165 W (2d) 276, 477 NW (2d) 340 (Ct. App. 1991).
19.37 Annotation
A favorable judgment or order is not a necessary condition precedent to find that a party prevailed against an agency under sub. (2); a causal nexus must be shown between the prosecution of the mandamus action and the release of the requested information. Eau Claire Press Co. v. Gordon, 176 W (2d) 154, 499 NW (2d) 918 (Ct. App. 1993).
19.37 Annotation
Actions brought under the open meetings and open records laws are exempt from the notice provisions of s. 893.80 (1). Auchinleck v. Town of LaGrange, 200 W (2d) 585, 547 NW (2d) 587 (1996).
19.37 Annotation
An inmate's right to mandamus under this section is subject to s. 801.02 (7) which requires exhaustion of administrative remedies before an action may be commenced. Moore v. Stahowiak, 212 W (2d) 744, 569 NW (2d) 711 (Ct. App. 1997).
19.37 Annotation
Actual damages are liability of agency. Punitive damages and forfeitures can be liability of either agency or legal custodian or both. Section 895.46 (1) (a) probably provides indemnification for punitive damages assessed against custodian but not for forfeitures.
72 Atty. Gen. 99.
19.39
19.39
Interpretation by attorney general. Any person may request advice from the attorney general as to the applicability of this subchapter under any circumstances. The attorney general may respond to such a request.
19.39 History
History: 1981 c. 335.
CODE OF ETHICS FOR PUBLIC
OFFICIALS AND EMPLOYES
19.41
19.41
Declaration of policy. 19.41(1)
(1) It is declared that high moral and ethical standards among state public officials and state employes are essential to the conduct of free government; that the legislature believes that a code of ethics for the guidance of state public officials and state employes will help them avoid conflicts between their personal interests and their public responsibilities, will improve standards of public service and will promote and strengthen the faith and confidence of the people of this state in their state public officials and state employes.
19.41(2)
(2) It is the intent of the legislature that in its operations the board shall protect to the fullest extent possible the rights of individuals affected.
19.41 History
History: 1973 c. 90; Stats. 1973 s. 11.01;
1973 c. 334 s.
33; Stats. 1973 s. 19.41;
1977 c. 277.
19.42
19.42
Definitions. In this subchapter:
