19.32(1c)
(1c) "Incarcerated person" means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under
s. 973.09 (4) as a condition of placement, during the period of confinement for which the person has been sentenced.
19.32(1d)
(1d) "Inpatient treatment facility" means any of the following:
19.32(1d)(d)
(d) The Milwaukee county mental health complex established under
s. 51.08.
19.32(1e)
(1e) "Penal facility" means a state prison under
s. 302.01, county jail, county house of correction or other state, county or municipal correctional or detention facility.
19.32(1m)
(1m) "Person authorized by the individual" means the parent, guardian, as defined in
s. 48.02 (8), or legal custodian, as defined in
s. 48.02 (11), of a child, as defined in
s. 48.02 (2), the guardian, as defined in
s. 880.01 (3), of an individual adjudged incompetent, as defined in
s. 880.01 (4), the personal representative or spouse of an individual who is deceased or any person authorized, in writing, by the individual to exercise the rights granted under this section.
19.32(1r)
(1r) "Personally identifiable information" has the meaning specified in
s. 19.62 (5).
19.32(2)
(2) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "Record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
19.32(3)
(3) "Requester" means any person who requests inspection or copies of a record, except a committed or incarcerated person, unless the person requests inspection or copies of a record that contains specific references to that person or his or her minor children for whom he or she has not been denied physical placement under
ch. 767, and the record is otherwise accessible to the person by law.
19.32 Annotation
Risk management study commissioned by corporation counsel was not a "draft" under sub. (2); evidence showed county paid for and used study in various ways. Fox v. Bock, 149 W (2d) 403, 438 NW (2d) 589 (1989).
19.32 Annotation
A settlement agreement containing a pledge of confidentiality kept in the possession of a school district's attorney was a public record subject to public access. Journal/Sentinel v. Shorewood School Bd. 186 W (2d) 443, 521 NW (2d) 165 (Ct. App. 1994).
19.32 Annotation
Individuals confined as sexually violent persons under ch. 980 are not "incarcerated" under sub. (1c). Klein v. Wisconsin Resource Center, 218 W (2d) 487, 582 NW (2d) 44 (Ct. App. 1998).
19.32 Annotation
"Records" must have some relation to functions of agency.
72 Atty. Gen. 99.
19.32 AnnotationTreatment of drafts under the public records law discussed.
77 Atty. Gen. 100.
19.32 Annotation
Applying Open Records Policy to Wisconsin District Attorneys: Can Charging Guidelines Promote Public Awareness? Mayer. 1996 WLR 295.
19.33
19.33
Legal custodians. 19.33(1)(1) An elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employe of his or her staff to act as the legal custodian.
19.33(2)
(2) The chairperson of a committee of elected officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
19.33(3)
(3) The cochairpersons of a joint committee of elected officials, or the designee of the cochairpersons, are the legal custodians of the records of the joint committee.
19.33(4)
(4) Every authority not specified in
subs. (1) to
(3) shall designate in writing one or more positions occupied by an officer or employe of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter. In the absence of a designation the authority's highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority. The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter. Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employes of the authority entrusted with records subject to the legal custodian's supervision.
19.33(5)
(5) Notwithstanding
sub. (4), if an authority specified in
sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
19.33(6)
(6) The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in
s. 19.35 (4). This subsection does not apply to members of the legislature or to members of any local governmental body.
19.33(7)
(7) The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
19.33(8)
(8) No elected official of a legislative body has a duty to act as or designate a legal custodian under
sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee's records by rule or by law.
19.33 History
History: 1981 c. 335.
19.34
19.34
Procedural information.