19.37 Annotation
Actions brought under the open meetings and open records laws are exempt from the notice provisions of s. 893.80 (1), 1993 stats. Auchinleck v. Town of LaGrange,
200 Wis. 2d 585,
547 N.W.2d 587 (1996),
94-2809.
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 Wis. 2d 744,
569 N.W.2d 711 (Ct. App. 1997),
96-2547.
19.37 Annotation
When requests are complex, municipalities should be afforded reasonable latitude in time for their responses. An authority should not be subjected to the burden and expense of a premature public records lawsuit while it is attempting in good faith to respond, or to determine how to respond, to a request. What constitutes a reasonable time for a response by an authority depends on the nature of the request, the staff and other resources available to the authority to process the request, the extent of the request, and other related considerations. WIREdata, Inc. v. Village of Sussex,
2008 WI 69,
310 Wis. 2d 397,
751 N.W.2d 736,
05-1473.
19.37 Annotation
The legislature did not intend to allow a record requester to control or appeal a mandamus action brought by the attorney general under sub. (1) (b). Sub. (1) outlines two distinct courses of action when a records request is denied, dictates distinct courses of action, and prescribes different remedies for each course. Nothing suggests that a requester is hiring the attorney general as a sort of private counsel to proceed with the case, or that the requester would be a named plaintiff in the case with the attorney general appearing as counsel of record when proceeding under sub. (1) (b). State v. Zien,
2008 WI App 153,
314 Wis. 2d 340,
761 N.W.2d 15,
07-1930.
19.37 Annotation
This section unambiguously limits punitive damages claims under sub. (3) to mandamus actions. The mandamus court decides whether there is a violation and, if so, whether it caused actual damages. Then, the mandamus court may consider whether punitive damages should be awarded under sub. (3). The Capital Times Company v. Doyle,
2011 WI App 137,
337 Wis. 2d 544,
807 N.W.2d 666,
10-1687.
19.37 Annotation
Under the broad terms of s. 51.30 (7), the confidentiality requirements created under s. 51.30 generally apply to "treatment records" in criminal not guilty by reason of insanity cases. All conditional release plans in NGI cases are, by statutory definition, treatment records. They are "created in the course of providing services to individuals for mental illness," and thus should be deemed confidential. An order of placement in an NGI case is not a "treatment record." La Crosse Tribune v. Circuit Court for La Crosse County,
2012 WI App 42,
340 Wis. 2d 663,
814 N.W.2d 867,
10-3120.
19.37 Annotation
Actual damages are the liability of the agency. Punitive damages and forfeitures can be the liability of either the agency or the legal custodian, or both. Section 895.46 (1) (a) probably provides indemnification for punitive damages assessed against a 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 EMPLOYEES
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 employees 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 employees 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 employees.
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:
19.42(1)
(1) "Anything of value" means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees and expenses which are permitted and reported under
s. 19.56, political contributions which are reported under
ch. 11, or hospitality extended for a purpose unrelated to state business by a person other than an organization.
19.42(2)
(2) "Associated", when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which an individual or a member of his or her immediate family is an authorized representative or agent.
19.42(3)
(3) "Board" means the government accountability board.
19.42(3m)
(3m) "Candidate," except as otherwise provided, has the meaning given in
s. 11.01 (1).
19.42(3s)
(3s) "Candidate for local public office" means any individual who files nomination papers and a declaration of candidacy under
s. 8.21 or who is nominated at a caucus under
s. 8.05 (1) for the purpose of appearing on the ballot for election as a local public official or any individual who is nominated for the purpose of appearing on the ballot for election as a local public official through the write-in process or by appointment to fill a vacancy in nomination and who files a declaration of candidacy under
s. 8.21.
19.42(4)
(4) "Candidate for state public office" means any individual who files nomination papers and a declaration of candidacy under
s. 8.21 or who is nominated at a caucus under
s. 8.05 (1) for the purpose of appearing on the ballot for election as a state public official or any individual who is nominated for the purpose of appearing on the ballot for election as a state public official through the write-in process or by appointment to fill a vacancy in nomination and who files a declaration of candidacy under
s. 8.21.
19.42(4g)
(4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:
19.42(4g)(b)
(b) A photograph or drawing of the person appears.
19.42(4g)(c)
(c) The identity of the person is apparent by unambiguous reference.
19.42(4r)
(4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.
19.42(5)
(5) "Department" means the legislature, the University of Wisconsin System, any authority or public corporation created and regulated by an act of the legislature and any office, department, independent agency or legislative service agency created under
ch. 13,
14 or
15, any technical college district or any constitutional office other than a judicial office. In the case of a district attorney, "department" means the department of administration unless the context otherwise requires.
19.42(5m)
(5m) "Elective office" means an office regularly filled by vote of the people.
19.42(6)
(6) "Gift" means the payment or receipt of anything of value without valuable consideration.
19.42(7)(b)
(b) An individual's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the individual or from whom the individual receives, directly or indirectly, more than one-half of his or her support.
19.42(7m)
(7m) "Income" has the meaning given under section
61 of the internal revenue code.
19.42(7u)
(7u) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
19.42(7w)
(7w) "Local public office" means any of the following offices, except an office specified in
sub. (13):
19.42(7w)(a)
(a) An elective office of a local governmental unit.
19.42(7w)(b)
(b) A county administrator or administrative coordinator or a city or village manager.
19.42(7w)(c)
(c) An appointive office or position of a local governmental unit in which an individual serves for a specified term, except a position limited to the exercise of ministerial action or a position filled by an independent contractor.
19.42(7w)(cm)
(cm) The position of member of the board of directors of a local exposition district under
subch. II of ch. 229 not serving for a specified term.
19.42(7w)(d)
(d) An appointive office or position of a local government which is filled by the governing body of the local government or the executive or administrative head of the local government and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of ministerial action or a position filled by an independent contractor.
19.42(7w)(e)
(e) The position of member of the Milwaukee County mental health board as created under
s. 51.41 (1d).
19.42(7x)
(7x) "Local public official" means an individual holding a local public office.
19.42(8)
(8) "Ministerial action" means an action that an individual performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to the exercise of the individual's own judgment as to the propriety of the action being taken.
19.42(9)
(9) "Nominee" means any individual who is nominated by the governor for appointment to a state public office and whose nomination requires the advice and consent of the senate.
19.42(10)
(10) "Official required to file" means:
19.42(10)(b)
(b) A member of a technical college district board or district director of a technical college, or any individual occupying the position of assistant, associate or deputy district director of a technical college.
19.42(10)(d)
(d) A state public official whose appointment to state public office requires the advice and consent of the senate, except a member of the board of directors of the Bradley Center Sports and Entertainment Corporation created under
ch. 232.
19.42(10)(e)
(e) An individual appointed by the governor or the state superintendent of public instruction pursuant to
s. 17.20 (2) other than a trustee of any private higher educational institution receiving state appropriations.
19.42(10)(f)
(f) An auditor for the legislative audit bureau.
19.42(10)(g)
(g) The chief clerk and sergeant at arms of each house of the legislature.
19.42(10)(h)
(h) The members and employees of the Wisconsin Housing and Economic Development Authority, except clerical employees.
19.42(10)(j)
(j) A member or the executive director of the judicial commission.
19.42(10)(k)
(k) A division administrator of an office created under
ch. 14 or a department or independent agency created or continued under
ch. 15.
19.42(10)(L)
(L) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.
19.42(10)(n)
(n) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
19.42(10)(o)
(o) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.
19.42(10)(q)
(q) The executive director and members of the board of directors of the Wisconsin Aerospace Authority.
19.42(10)(r)
(r) The employees and members of the board of directors of the Lower Fox River Remediation Authority.
19.42(10)(sm)
(sm) The employees of the Wisconsin Economic Development Corporation and the members of the board of directors of the Wisconsin Economic Development Corporation employed in the private sector who are appointed by the speaker of the assembly and the senate majority leader.
19.42(11)
(11) "Organization" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic.
19.42(11m)
(11m) "Political party" means a political organization under whose name individuals who seek elective public office appear on the ballot at any election or any national, state, or local unit or affiliate of that organization.
19.42(12)
(12) "Security" has the meaning given under
s. 551.102 (28), except that the term does not include a certificate of deposit or a deposit in a savings and loan association, savings bank, credit union or similar association organized under the laws of any state.
19.42(13)(a)
(a) All positions to which individuals are regularly appointed by the governor, except the position of trustee of any private higher educational institution receiving state appropriations and the position of member of the district board of a local professional baseball park district created under
subch. III of ch. 229 and the position of member of the district board of a local cultural arts district created under
subch. V of ch. 229.
19.42(13)(b)
(b) The positions of associate and assistant vice presidents of the University of Wisconsin System and vice chancellors identified in
s. 20.923 (5).
Effective date text
(b) The positions of associate and assistant vice presidents of the University of Wisconsin System.
Effective date text
(c) All positions identified under s. 20.923 (2), (4), (6) (f) to (h), (7), and (8) to (10), except clerical positions.
19.42(13)(cm)
(cm) The president and vice presidents of the University of Wisconsin System and the chancellors and vice chancellors of all University of Wisconsin institutions, the University of Wisconsin Colleges, and the University of Wisconsin-Extension.
19.42(13)(e)
(e) The chief clerk and sergeant at arms of each house of the legislature or a full-time, permanent employee occupying the position of auditor for the legislative audit bureau.
19.42(13)(f)
(f) A member of a technical college district board or district director of a technical college, or any position designated as assistant, associate or deputy district director of a technical college.
19.42(13)(g)
(g) The members and employees of the Wisconsin Housing and Economic Development Authority, except clerical employees.
19.42(13)(i)
(i) A member or the executive director of the judicial commission.
19.42(13)(j)
(j) A division administrator of an office created under
ch. 14 or a department or independent agency created or continued under
ch. 15.
19.42(13)(k)
(k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.
19.42(13)(m)
(m) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
19.42(13)(n)
(n) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.
19.42(13)(om)
(om) The employees of the Wisconsin Economic Development Corporation and the members of the board of directors of the Wisconsin Economic Development Corporation employed in the private sector who are appointed by the speaker of the assembly and the senate majority leader.
19.42(14)
(14) "State public official" means any individual holding a state public office.
19.42 History
History: 1973 c. 90; Stats. 1973 s. 11.02;
1973 c. 333;
1973 c. 334 ss.
33,
57; Stats. 1973 s. 19.42;
1977 c. 29,
223,
277;
1977 c. 447 ss.
35,
209;
1979 c. 34,
177,
221;
1981 c. 20,
269,
349,
391;
1983 a. 27;
1983 a. 81 s.
11;
1983 a. 83 s.
20;
1983 a. 166 ss.
1 to
4,
16;
1983 a. 484,
538;
1985 a. 26;
1985 a. 29 s.
3202 (46);
1985 a. 304;
1987 a. 72,
119;
1987 a. 312 s.
17;
1987 a. 340,
365,
399,
403;
1989 a. 31,
338;
1991 a. 39,
189,
221,
269;
1993 a. 16,
263,
399;
1995 a. 27,
56,
274;
1997 a. 27;
1997 a. 237 ss.
19m,
722q;
1997 a. 298;
1999 a. 42,
65;
2001 a. 16,
104,
109;
2003 a. 39;
2005 a. 335;
2007 a. 1,
20,
196;
2009 a. 28;
2011 a. 7,
10,
32,
229;
2013 a. 20 ss.
193o,
193q,
2365m,
9448;
2013 a. 203.
19.42 Cross-reference
Cross-reference: See also s.
GAB 16.02, Wis. adm. code.
