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
Fees
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
Under the Public Records Law, the fee for copying public records may include a component for labor expenses actually, necessarily and directly incurred in connection with reproduction of public records; search fees cannot be charged as reproduction fees; local units of government cannot by ordinance establish public record copy fees that deviate from actual, necessary and direct costs of reproduction; and the municipal law provision authorizing the same fee for the same service has little if any practical impact vis-a-vis the requirement that fees for public records be limited to actual, necessary and direct costs. 72-150
Foreign corporations
Under sec. 180.833(1)(k), Stats., the Secretary of State may require that foreign corporations file appropriate information and statements, for the purpose of assisting him in determining the accuracy of their reports indicating the proportion of their capital employed in the State. However, the Secretary of State may not treat such information and statements as a public record. 62-261
Friends" organizations
Open Meetings and Public Records Laws are not applicable to independently created and independently operated non-stock, non-profit "friends" corporations organized to provide financial and other support to radio and television stations licensed to governmental agencies. 74-38
Governor
Scope of the duty of the Governor to allow members of the public to examine and copy public records in his custody discussed. 63-400
Health care professionals "under investigation"
The Public Records Law permits the Department of Regulation and Licensing to refuse to disclose records relating to complaints against health care professionals while the matters are merely "under investigation"; good faith disclosure of the same will not expose the custodian to liability for damages; and prospective continuing requests for records are not contemplated by the Public Records Law. 73-37
Hospital Rate Review Committee
Documents in the possession of the Wisconsin Hospital Rate Review Committee are not public records and, therefore, are not subject to right of inspection under sec. 19.21, Stats. The contract creating the Committee does not give the right to compel access to documents in the possession of the staff members of the Hospital Rate Review Program. 71-44
Labor grievance
Public records relating to employe grievances are not generally exempt from disclosure under the Public Records Law, and nondisclosure must be justified on a case-by-case basis. 73-20
Land acquisition
Public's right under sec. 19.21, Stats., to inspect land acquisition files discussed. 63-573
Legal notices
A county board may direct supplemental publication of legal notices in a newspaper other than the official newspaper, provided that the supplemental publication is in a newspaper meeting the requirements of sec. 985.03, Stats. However, only the publication in the official newspaper constitutes official publication of a legal notice. (Unpub.). 15-1976
