Public Records Training Manitowoc City Attorney’s Office

Why do we do this? The public records law “shall be construed in every instance with a presumption of complete public access, consistent with the conduct of government business. The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.” — Wis. Stat. § 19.31

What is a record? Any written, printed, spoken, visual, or electronic material on which information is recorded or preserved except… – Drafts, notes, and preliminary documents – Published material available for sale – Purely personal property – Copyrighted documents

Records can include… Agendas and minutes Documents received by a department Documents created by a department Social media accounts Contractors records Phone logs s

– yikes! Any sent or received on the City system is a record This includes purely personal s Disclosure is generally not required, but is subject to review by the courts BE CAREFUL

Personal s Use your work for work, and your home for home If you use your home for work, it can also become subject to review Again, purely personal s are not subject to release but will be reviewed. KEEP THEM SEPARATED

Social media Great method of public communication Likely to be a record, but WI record laws have not caught up yet Keep track of what is deleted just in case

What is a request? Don’t need to know who Don’t need to know why Just need to know what Do not need to say “open records request” Does not need to be written Must reasonably describe: – Information requested – Time and subject matter

What do we charge? Generally nothing for a copy or We charge if the request requires: – More than an hour or two of staff time – Huge production of paperwork Prepayment may be required for costs over $5.00 Can only charge actual, necessary, and direct costs

How much time do I have to respond? “As soon as practicable and without delay” No specific time limit State DOJ says 10 days is reasonable for simple, narrow requests Send letter acknowledging receipt Penalties for arbitrary and capricious delay

What gets refused? No such record exists Item requested is not a public record as defined by statute – Names of applicants who have requested their name be withheld, except final candidates Material requested is related to a pending investigation Release would identify police informants Statutes limit release to certain persons Record would endanger someone’s safety No release of home address, , phone or SSN

What gets redacted? Generally, same test as for a closed session – Employee performance evaluations – Items related to purchasing of public properties – Financial, medical, or social histories of specific persons – Attorney work product There is a balancing test required and notice requirements – please consult me if you need to redact!

When must an employee get notice? Record contains disciplinary issue or rule violation Record obtained by a search warrant or subpoena Record from another employer, unless they consent (consultants)

How do I deny? Written request – deny in writing, with specific reasons and statutes Oral request – can deny verbally, but requestor can make a demand for a written explanation

Court Review of Denials or Redactions Requestor may ask: – Circuit Court to review – Attorney General to review – District Attorney to review Review will only consider reasons for denial set forth in the written denial

Destruction of Records Do not destroy anything that has been subpoenaed or is part of litigation Follow our records retention ordinance Check with City Attorney if at all in doubt

Records Retention Ordinance – WHAT? Manitowoc Municipal Code If not specifically listed, 7 years All minutes must be retained by the Clerk’s office FOREVER – New process this year: Submit all records to Clerk in December for record keeping – Granicus is not sufficient for this

How do I destroy a record? Make sure time limits for retention have expired Shred if it contains any personally identifying information – SSN – Addresses – Bank numbers

If you have questions, call the City Attorney’s Office at 6990! We aren’t afraid of old records!