Wisconsin Open Records Law
From Sunshine Review
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The Open Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Wisconsin.
The introduction to Wisconsin's statute says, "[A]ll persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them."[1]
The Open Meetings Law sets out which meetings of which government bodies must be open to the public, the type and timing of public notice about the meetings and the requirements for public participation.
[edit] Recent news
[edit] Transparency blocking
More transparency blocking news from across the country.
[edit] Litigation
- UWM Student Paper Sues University for Records
- Wisconsin Supreme Court to Determine if Teacher's Private Emails Subject to Records Requests
- Open records request leads to hefty settlement against a state senator
More FOIA litigation news from across the country.
[edit] Legislation
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More FOIA legislation news from across the country.
[edit] Sunshine Guardians
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Other Sunshine Guardians from across the country.
[edit] Wisconsin's transparency report card
The Wisconsin Freedom of Information Council audited compliance with Wisconsin's laws in September and October 2008. 318 records requests for basic documents were submitted in 65 Wisconsin counties. The audit found that 10% of the time, local governments denied or ignored the requests. Another 20% of the time, those requesting the records were required to identify themselves or explain to the records custodian why they wanted the records, in violation of Wisconsin's laws.[1]
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Wisconsin #17 in the nation with an overall percentage of 56.60%. [2]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Wisconsin 41 points out of a possible 100, a letter grade of "F", and a ranking of 39 out of the 50 states.[3]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Wisconsin's law as the 20th best in the country, giving it a letter grade of "C-".[4]
[edit] Features of the law
The purpose of the Wisonsin law states that, "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility it is to provide such information. To that end, ss. 19.32 to 19.37 shall be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business. The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied." [5]
It is important to note that Wisconsin law requires all departments to post their methods for filing an open records request. The legislature and local government are exempted from this statute. [6]
[edit] What records are covered?
Wisconsin defines record as any document, regardless of physical form, that "has been created or is being kept by" an agency. [7]
Notable exceptions include but are not limited to:
- Draft notes and other preparatory material [8]
- Personally identifiable information that would pose a threat to the individual identified
- Trade Secrets
- Personal information of employees
- Security information
- Financial identifying information
However, Wisconsin law dictates that departments seperate exempt from non-exempt material within the same source and release non-exempt material. [9]
[edit] What agencies are covered?
Agencies include all branches of government at both the state and local levels and any organization that receives 50% or more of its funding from public money. [10]
[edit] Who can request records?
In general, "any requester has a right to inspect any record." (Wis. Stat. 19.35(1)(a)). However, people who are incarcerated and people who have been involuntarily committed to a mental institution are restricted in their rights of access to public documents.
Contrary to the law in some other states, individuals who are litigants in a pending lawsuit with a governmental agency do not lose any of their rights as requestors with respect to documents they want from that agency.
[edit] Must a purpose be stated?
Wisconsin's statute--Wis. Stat. § 19.35(1)(i)--says, "Except as authorized under this paragraph, no request . . . may be refused because the person making the request is unwilling . . . to state the purpose of the request."
However, in Hempel v. City of Baraboo, a 2005 decision of the Wisconsin Supreme Court, the court said, "In fact, requesters under the Open Records Law need not identify themselves, or state a purpose for their request...When performing a balancing test, however, a records custodian almost inevitably must evaluate context to some degree."[11] This seems to suggest that a records custodian has some leeway to inquire about the requester and the purpose of the request since it would not be possible "to evaluate context to some degree"--which the court suggests is a perogative of the records custodian--in the absence of any information about the requester and his or her motivations.
In 2008, the West Bend School District denied a records request partly on the basis of what it believed about the requester and her motivations.[12],[13]
[edit] How can records be used?
Somewhat enigmatically, the statute says, "A requester shall comply with any regulations or restrictions upon ... use of information which are specifically prescribed by law."
[edit] Time allowed for response
- See also: Request response times by state.
The Wisconsin law does not specify a time requirement for request responses. However, requests may be denied orally. If the person making the request desires a written denial, then he or she must make that known within 5 days. [14]
[edit] Fees for records
Wisconsin law allows for fees to be charged to cover the cost of not only duplication but the labor involved in the search if the cost in labor to the department is over $50. Waivers are allowed, only if the material requested is in the public interest.[15]
[edit] Open meetings
All meetings of public bodies to discuss public business are open to members of the public.
[edit] Proposed changes
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Wisconsin. For more information go the page or go to Wisconsin sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Notable requests
[edit] See also
- Wisconsin Freedom of Information Council
- Wisconsin transparency legislation
- Wisconsin transparency advocates
- Wisconsin FOIA procedures
- Wisconsin Rep. Molepske re-introduces Open Government Act
[edit] External links
- Wisconsin Statutes
- Open Government Guide to Wisconsin
- Wisconsin on WikiFOIA
- Downloadable wallet-size reference guide to Wisconsin's FOIA laws
- Wisconsin Freedom of Information Coalition
[edit] References
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