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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 […]
Continue ReadingQ: 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 […]
Continue ReadingQ: 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 […]
Continue ReadingQ: 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, […]
Continue Reading“I just came home, the door was bashed in and my girlfriend has been shot.” Those were the words of Jordan Gonnering, speaking to a 911 dispatcher last April after he found the body of Brittany Zimmermann in the downtown Madison apartment that he shared with her. Increasingly, the media use transcripts and audio of […]
Continue ReadingQ: When can a governmental body close a meeting to discuss compensation issues? A: The Open Meetings Law does not apply to collective bargaining negotiations. The definition of “governmental body” in section 19.82(1), Stats., excludes “any such body or committee or subunit of such body which is formed for or meeting for the purpose of […]
Continue ReadingQ: 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. […]
Continue ReadingQ: 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 […]
Continue ReadingWisconsin Gov. Jim Doyle’s proposed budget includes a provision instructing law enforcement officers in most Wisconsin counties to begin collecting information on traffic stops, as a way to gauge whether racial profiling is occurring. The proposal calls for these records to be exempt from the state’s open records law. According to this article in the […]
Continue ReadingBelow are the Wisconsin Supreme Court rules governing cameras in the courtroom. Rules for individual county circuit courts can be accessed using the Wisconsin Bar Association web site by clicking HERE. A list of Wisconsin’s news media coordinators, who are responsible for coordinating camera access to local courtrooms, can be accessed by clicking HERE. SCR […]
Continue ReadingAs part of national Sunshine Week, March 15-21, the Wisconsin Freedom of Information Council is bestowing its third annual Opee Awards in recognition of people and institutions that have had an impact on open government in Wisconsin during the last year. The honorees are: Political Openness Advocate of the Year (the “Popee”): Roger Allen. Most […]
Continue ReadingThese resources are provided by the Attorney General’s office. Public Records Law Compliance Guide, 2025 – The latest open records guide from the Attorney General’s office. Open Meetings Law Compliance Guide, 2025 – The latest open meetings guide from the Attorney General’s office.
Continue ReadingResources Compliance Outline: Wisconsin Open Records Law Compliance Guide: Wisconsin Open Meetings Law UW Extension guides to open government Wisconsin Attorney General Opinions Woznicki fix legislation summary Federation of American Scientists Project on Government Secrecy News Media for Open Government The Open Records Blues Wisconsin Photographers Bill of Rights FOIC 2008 Public Records Audit: Full […]
Continue ReadingHere are some important resources from the Freedom of the Information Council: Open Government Resources tutorial: A summary of links to key information. F.A.Q’s.: Frequently Asked Questions about the Open Meetings and Public Records Laws, compiled by the Madison law office of LaFollette Godfrey & Kahn. Open Government Problem Areas: A changing list of problems […]
Continue ReadingHere’s a video that explains the process with this sample letter. Below is the sample letter than you can copy and paste into a word processor. Sample Open Records Request Letter _________________________________________________________________________________ RECIPIENT NAME AGENCY ADDRESS CITY, STATE ZIP DATE Dear MX. XXXXX, This letter is to request the following records, under the state’s Open […]
Continue ReadingOpen Records Cases Adell v Sullivan (Court of Appeals, 1997) Denying damages and costs to a prison inmate who alleged the Racine Correctional Institute withheld documents and responded too slowly to a request for records. Atlas Transit v Korte (Court of Appeals, 2001) Upholding lower court’s balancing of interests in favor of a school system’s […]
Continue ReadingMcNamara/June 10, 1994 (Discussion of whether final deliberations and approval of contract ratification must be conducted in open session). Pelrine/Feb. 25, 1992 (Regarding closed session discussions of hiring of public employee). Ott/Nov. 18, 1991(Analyzing the law’s definitions of governmental bodies and quasi-governmental corporations). Besadny/April 28, 1989 (Applicability of law to advisory committees). Risser/Dec. 19, […]
Continue ReadingMaldonado/November 28, 2016 (Records custodians may not charge for paper copies of electronic records if the only reason paper copies are being provided is that the custodian needs to print them out to make redactions.) State Courts Office/Dec. 30, 2014 (Clerks of court cannot charge people who make their own copies of court records but can prevent […]
Continue Reading“Case closed.” These are words you expect to hear when a court case is completed-the defendant has been found guilty or innocent, the parties have settled, or the case is dismissed. But “case closed” may have another meaning in Wisconsin. Currently, dozens of ongoing cases in Wisconsin are fully or partially sealed from public view, […]
Continue ReadingNot that long ago, I was working for you. I was a public employee of the taxpayers of the state of Wisconsin, and I was even a bit proud of that status: Government by the people, and all that. Of course, working for the public meant that my bosses – readers like you – were […]
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