Taxation
Proposals for exemptions of "homestead property" from local property taxation probably are unconstitutional under the Equal Protection Clause of the state and federal constitutions and the Tax Uniformity Clause of the state constitution. 66-337
PUBLIC RECORDS
See also ANTI-SECRECY; CONFIDENTIAL REPORTS; OPEN MEETING and articles found in Introduction to 49 OAG (1960), 54 OAG (1965), and 65 OAG (1976)
AFDC recipients
Because records concerning AFDC recipients are confidential, only the amounts of monthly payments made to AFDC recipients together with their names and addresses, may be released to the Department of Revenue by the Department of Health and Social Services. AFDC recipients must be notified when such information is released. 69-95
Alphabetical index of the Register in Probate
The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non-existence of a record. The charge for one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16
Ambulance calls
Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under the public records law. 78-71
Architectural plans for public building
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Blood tests
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 inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by Sheriff. Where records are required by law to be kept by Sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Camera-ready copy
Department of Administration probably has authority under sec. 19.21(1), (2), Stats., to provide private corporation with camera-ready copy 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. 63-302
Certified copies of birth, death and marriage records
A bank, its employes and agents violate section 69.24(1)(a), Stats., when copying a certified copy of a vital record for use by the Federal Reserve Bank. 78-232
The amount payable to a Register of Deeds for issuing certified copies of birth, death and marriage records is $4 if the Register must search for the records but $1 if no search is necessary. 68-311
Child abuse
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files pursuant to section 48.981(7)(a)2. of the statutes if such access is necessary to allow them to perform their statutory duties. 79-212
Child-placing agencies, case records
If the Department of Health and Social Services does not wish to designate a child-placing agency licensed under section 48.60, Stats., to conduct searches under sections 48.432(4)(b) and 48.433(6)(b), the child-placing agency has no enforceable right to be so designated. Whether or not there is such a designation, the Department of Health and Social Services has an absolute right of access to the case records of the licensed child-placing agency for purposes of the search program under sections 48.432 and 48.433. (Unpub.). 22-1984
Code of Ethics ordinance
Questions concerning proposed county Code of Ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 OAG 148 (1977). 2. A county board lacks the authority to prohibit county clerk (Election Commission in Milwaukee County) from placing on ballot candidates who have not complied with Code of Ethics ordinance. 3. County board lacks the authority to order the withholding of salary of elected officials who fail to comply with a Code of Ethics ordinance. 4. The county board lacks authority to prohibit county officers from acting as agent or attorney for an entity other than the county in connection with any transaction involving the county in which such officers participate during the course of their service for a period of 12 months after leaving county service. 5. A county board created by the county board, unless it is a committee of the county board, lacks
Computerized records
Computerized compilation of bibliographic records discussed in relation to copyright law; under Public Records Law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
Confidential reports
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student as long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 Op. Att'y Gen. 211 (1967) is in conflict with this opinion, it is modified. 60-179
Copies of records
The custodian of public records may not require that a requester for copies of records pay the cost of unrequested certification. The custodian may furnish copies of records rather than allow the requester the use of the custodian's copying equipment. Unless a fee for copies of records is established by state law, a custodian may not charge more than the actual and direct cost of reproduction. 72-36
Copying fee
A demand for a written statement of the reasons denying a request for records may be made orally. A mandamus action may be commenced only after a written request for disclosure is made. A written denial of even an oral request must inform the requester that if the request was in writing the denial is subject to review. A copying fee but not a location fee may be imposed on a requester for the cost of a computer run. Whether materials which result from staff participation in activities of a review or evaluation organization are public records discussed. 72-68
Court transcript
Counties are not required to provide free copy machine services for court reporters who collect fees under section 814.69(2), Stats., for furnishing transcripts to parties. 79-157
After a transcript of court proceedings is filed with the clerk of court, any person may, pursuant to secs. 19.21(2) and 59.14(1), Stats., examine or copy such transcript. 68-313
Criminal law
Section 973.015, Stats., requires, in cases where ordered by the court, that the clerk of court upon receipt of the certificate of discharge strike or obliterate from the record all references to the name and identity of the defendant. 67-301
Definition of
Preliminary versions of a document prepared by an employe for his or her own or another's signature are not public records. Public records must have some relation to the functions of the agency. Separation costs must be borne by the agency. 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), Stats., probably provides indemnification for punitive damages assessed against the custodian but not for forfeitures. 72-99
Treatment of drafts under the Public Records Law discussed. 77-100
Denying a request for records
A demand for a written statement of the reasons denying a request for records may be made orally. A mandamus action may be commenced only after a written request for disclosure is made. A written denial of even an oral request must inform the requester that if the request was in writing the denial is subject to review. A copying fee but not a location fee may be imposed on a requester for the cost of a computer run. Whether materials which result from staff participation in activities of a review or evaluation organization are public records discussed. 72-68
Destruction of
A county with a population under 500,000 may, by ordinance enacted pursuant to sec. 19.21(6), Stats., provide for the destruction of obsolete case records maintained by the county social services agency pursuant to sec. 48.59(1), Stats. 70-196
Common school districts are presently without authority to destroy records which fall within sec. 19.21(1), Stats., and which are not pupil records under sec. 118.125(1), Stats. Where city-school district is involved, city council could by ordinance provide for destruction of obsolete school district records under sec. 19.21(5)(a), Stats. Meaning of public records as related to school districts discussed. 63-272
District Attorneys do not presently possess legal authorization to destroy documentary materials, made or received in connection with the transaction of public business, and retained by them as evidence of their activities or functions because of the information they contain, even though the documents are found in closed files. 68-17
Disciplinary action against physician
The final decision of a quasi-judicial body regarding disciplinary action against a physician in the unclassified service is properly deemed available under the Public Records Law. 74-156
Discovery
Access to public records by parties to civil litigation, including administrative proceedings, must be accomplished through applicable means of discovery. 74-1
District Attorney
District Attorneys do not presently possess legal authorization to destroy documentary materials, made or received in connection with the transaction of public business, and retained by them as evidence of their activities or functions because of the information they contain, even though the documents are found in closed files. 68-17
Evidence
A copy of an official record may be admitted in evidence if it is certified as correct in accordance with sec. 909.02(4), Wisconsin Rules of Evidence, even though the certification does not comply with the provisions of sec. 889.08(1), Stats. 63-605
Exemptions to access to information
Information on sex, ethnic background and handicapped status obtained through state employment applications for affirmative action purposes is exempt from disclosure under the Public Records Law, but birth date information is not. 73-26
Federal law discussed
Information on sex, ethnic background and handicapped status obtained through state employment applications for affirmative action purposes is exempt from disclosure under the Public Records Law, but birth date information is not. 73-26
