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
Library Services, Division for
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
Marriage and divorce
Sections 59.07(97), 59.39(9m), 59.395(7) and 767.29(1), Stats., require a clerk of circuit court to keep a record of payments and arrearages in payments ordered by a court for child support and maintenance. Such clerk is required to compute and enter amounts of arrearage on the basis of court orders and judgments on file with such clerk and payments received and receipted by such clerk. (Unpub.). 20-1982
Motor vehicle dealers
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Preliminary versions of a document
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
Privacy law
Right to privacy law, sec. 895.50, Stats., does not affect duties of custodian of public records under sec. 19.21, Stats. 68-68
Prosecutors' case files
Prosecutors' case files are not subject to access under the Public Records Laws. 74-4
Public Records Law
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of Representatives are subject to the Public Record Law. Custodian may make determination whether to disclose or divulge records in specific instances. 66-202
Pupil information
Pupil information which local education agencies are required to release to the Department of Public Instruction under the reporting provisions of ch. 89, Laws of 1973, may be provided, with or without permission, without violation of the state or federal confidentiality statutes, sec. 118.125(e), Stats., and sec. 438, P. L. 93-380. 65-1
Pupil records
A local vocational, technical and adult education district is a "school district" within the meaning of the Wisconsin Public Records Law. Sec. 19.21, Stats. Except for any pupil records under sec. 118.125, Stats., a VTAE district must preserve records at least seven years before destruction. Sec. 19.21(7), Stats. A VTAE district may not maintain records on microfilm. 71-9
A written notice and request for transfer of pupil records under sec. 118.125(4), Stats., is both a pupil record and public record which must be maintained for at least five years after the pupil ceases to be enrolled. "Pupil records" as defined in sec. 118.125(1), Stats., are "public records" within sec. 19.32(2), Stats., but are subject to special statutes which limit access and direct maximum and minimum periods of maintenance before destruction for various classes of pupil records. Secs. 19.21(6) and 118.125(3), Stats. 72-169
Radio
See Sheriff's radio log
Real estate transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
Register in Probate
Section 880.33(6), Stats., requires closing only of documents filed with the Register in Probate with respect to ch. 880 proceedings while sec. 55.06(17), Stats., requires the closing of all records filed with respect to ch. 55 proceedings including index, docket and files maintained by the Register in Probate. 67-130
Regulation and Licensing, Department of
Neither sec. 19.21(2), Stats., nor any other statute requires or authorizes the Department of Regulation and Licensing to have pre-addressed mailing labels for persons in various licensed professions printed up by computer programs and processes for use by private persons or corporations even where a charge is made. The Department cannot deny inspection and copying to protect licensees from unsolicited mail. 68-231
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
Revenue, Department of
The Real Estate Examining Board and its members have the power to issue subpoenas. However, the records of the Department of Revenue are not subject to subpoena, but are available to the Board under sec. 71.11(44), Stats. (Unpub.). 57-1977
Salary information
Salary information submitted to the state commission of savings and loan in connection with an absorption application is not exempt from disclosure under the state public records law. 77-20
Sales tax on fees for records
Fees charged for furnishing copies of public records are subject to sales tax. Fees charged for records searches and for certifying copies of records are not subject to sales tax. 73-36
Savings and loan associations
Salary information submitted to the state commission of savings and loan in connection with an absorption application is not exempt from disclosure under the state public records law. 77-20
Schools and school districts
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
