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
Secondary schools may not legally provide a vocational, technical and adult education district with the names of high school dropout students. 67-254
Settlement agreements
Relationship between the Public Records Law and pledges of confidentiality in settlement agreements discussed. 74-14
Sheriff's investigative file
Sheriff's criminal investigation files are not covered by a blanket exemption from the public records law, but denial of access may be justified on a case-by-case basis. 77-42
Sheriff's radio log
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 Op. Att'y Gen. 237 (1952) inconsistent with this opinion is repudiated. 67-12
Student records
Section 13.94, Stats., contains authority for the State Auditor to secure certain information from student records for the purpose of auditing full time equivalency reports submitted by the University of Wisconsin. (Unpub.). 84-1978
Survey record system
Counties that employ rather than elect a county surveyor pursuant to sec. 59.12, Stats., are required to maintain the survey record system described in sec. 59.60(2), Stats. Further, all counties are required to maintain the survey record system to enable registered land surveyors to comply with statutory filing requirements. 72-96
Teachers salaries
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. 63-143
Telephone
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 Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Tract index
When in its judgment the existing tract index for any reason, is unfit, unreliable or unserviceable, the county board of any county may contract with a competent person for the compilation of a new and corrected tract index. A performance bond may be required. 65-258
University ethnic or racial information about its employes
Where University has obtained ethnic or racial information about its employes under a necessary pledge of confidentiality, it need not divulge such information to a Senate committee where the committee has refused to issue a subpoena requested by the chairman and the needs of the committee can apparently be satisfied without such disclosure. (Unpub.). 79-1977
Vocational rehabilitation information
Section 47.40(13), Stats., precludes the release of vocational rehabilitation information for the purpose of determining legal settlement of a dependent person. 65-142
Water and Light Commission
Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitations with respect thereto. 67-117
PUBLIC SCHOOLS
See SCHOOLS AND SCHOOL DISTRICTS
PUBLIC SERVICE COMMISSION
Commissioner
Section 15.06(3)(a), Stats., does not prohibit a commissioner from having any business interests. It prohibits a commissioner from pursuing business interests which would prevent him or her from properly fulfilling the duties of the office of commissioner and precludes a commissioner from holding any public or private office or position of profit. 77-36
Holding company
The Public Service Commission has the authority to determine that a holding company, formed by a public utility corporation to engage in non-utility business ventures, is itself a public utility within the meaning of sec. 196.01(1), Stats., where the holding company possesses the power to control the utility plant or equipment or where the arrangement is a device to enable the public utility corporation to evade regulatory jurisdiction. 71-147
Minimum gas safety standards
The Public Service Commission must hold a public hearing prior to the adoption of the minimum gas safety standards of the federal Department of Transportation as rules pursuant to sec. 196.745(1), Stats. 63-152
Provisional appointees
Provisional appointees under sec. 17.20(2), Stats., need not be confirmed by the Senate before they can begin to serve but can serve pending Senate confirmation or rejection or appointment withdrawal by the Governor. 69-136
Rate increases
Utility rate increases granted under an automatic fuel adjustment without a sec. 196.20(2), Stats., hearing probably would not be illegal if the automatic adjustment clause were limited to purchased fuel or power. 70-108
PUBLIC UTILITIES
See also CORPORATIONS; TELEPHONE
