Category: Open Records Law

Q: Are electronic records subject to the Open Records Law? A: Yes. Electronic records are subject to the Open Records Law under section 19.32(2), Stats. Where a record originated, and where or how it is stored, does not affect the public’s right of access. For example, if a public official conducts public business using her […]

Q: I sent an open records request more than a week ago and I haven’t received a response. What should I do? A: It is mandatory for a custodian to respond to your open records request “as soon as practicable and without delay.” Sec. 19.35(4)(a), Stats. While the law does not require a response within […]

Q: How much can a governmental entity charge for copies of records requested under the Open Records Law? A: Copy fees are limited to the “actual, necessary and direct cost” of reproduction unless otherwise provided by law. Sec. 19.35(3)(a), Stats. The policy of the Wisconsin Department of Justice is that photocopies should cost around 15 […]

Q: Can I make an open records request for police records, such as daily arrest records or records involving an investigation? What about a district attorney’s investigative files? A: Police records are presumed public and, like all records, their release is subject to the common law balancing test. In many cases, the police department withholds […]

Q: Is the subject of the record always entitled to notice of the open records request under section 19.356, Stats.? If the record subject is entitled to notice, then how long will it take to get the record? A: No, the subject of a public record is entitled to notice of a request only in […]

Q: Are public employee personnel records open to the public? A: While the public is restricted from accessing certain types of personal information, other personnel records are presumptively open to the public. By statute, an employee’s social security number, private home address or telephone number; information relating to a pending investigation of a possible criminal […]

Q: Can custodians impose a sales tax on records requests? A: In most cases, no. A Department of Revenue regulation, Wis. Admin. Code s.Tax 11.05(3)(q) specifically exempts from the sales tax charges for records provided under the Public Records Law. The precise wording, which can be found on the fifth page of the the document […]

Q: Are juvenile records always closed to the public? A: No. Juvenile records are open to the public when a juvenile is tried in adult criminal court and under certain circumstances when a juvenile is tried in juvenile court. It is important to note, moreover, that “for purposes of investigating or prosecuting a person who […]

Q: Can I request to just view records if I do not want copies? A: Yes. Section 19.35(1)(b), Stats. allows a citizen to inspect and copy public records. Under this statute, therefore, you have the right to view or inspect public records without purchasing copies. Additionally, a requester must be provided with inspection facilities that […]

Q: What do I need to include in a written open records request? A: While there are no specific language requirements for an open records request, section 19.35(1)(h), Stats. provides that a request should reasonably describe the desired record or information. While the request should be broad enough to encompass all records that you seek, […]

Q: Why should I make an open records request in writing? A: While oral requests for public records are valid, there are a number of reasons why submitting a request in writing is often preferable. First, if you make a written request for a record, the authority must respond to your request in writing. Sec. […]

Q: How does Wisconsin statute section 19.36(7) apply to the names of “final candidates” for public positions, such as school superintendent or police chief? A: Section 19.36(7), Stats., of the Open Records Law provides access to the names of all final candidates for public positions. Whenever there are at least 5 candidates, the statute provides […]