1. Public Records Overview
Claire Dalle Molle
Office of Legal Affairs

2. Definitions
"Authority" means any of the following having custody of a record: a state or local office…department or public body corporate and politic created by the constitution or by any law, ordinance, rule or order
"Record" means any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.

3. Definitions
"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 personal property; or materials to which access is limited by copyright, patent or bequest

4. Definitions
"Requester" means any person who requests inspection or copies of a record
“Personally identifiable information” is information that can be associated with a particular individual through one or more identifiers or other information or circumstances

5. Applicable Law Public records law Case Law
Wis. Stat. §§
Case Law
Other law depending on circumstances

6. Public Records,
General Rule: any requester has a right to inspect any record
In addition to the general rule, a requester has a right to inspect any personally identifiable information pertaining to the individual in a record
Form of request?
Request may be oral or in writing
Request must be reasonably specific

7. Public Records, 19.31-19.39 What type of record?
Any employee has the same right as any other person to receive records under the public record law
Can employee’s rep get the records?
The individual may authorize any person to get the record
Does not need to be for a grievance or other proceeding

8. Public Records, 19.31-19.39 What can employee get?
Not just own personnel records, any records otherwise releasable
Employee has enhanced right to own record
The purpose of giving an individual greater access to records under Wis. Stat.§ 19.35(1)(am) is so that the individual can determine what information is being maintained, and whether that information is accurate. Hempel v. City of Baraboo, 2005 WI 120
May also need to consider the right to inspect under Wis. Stat

9. Public Records,
How often must employer fulfill the request?
As often as requests are made- there is no limit
But, there are bases for denial. Employer must respond to the request by either fulfilling or denying
Timeline for responding to request?
As soon as is practicable and without delay
“what constitutes a reasonable time for a response to any specific request depends on the nature of the request, the staff and other resources available to process the request, the extent of the request and other related circumstances.” WIREdata, Inc. v. Village of Sussex

10. Public Records, 19.31-19.39 Can employer deny request?
Only if there is a statutory exception
Still no traditional balancing test
How do you determine if employee can have the record?
Look for general right of access
Look for specific right of access
Look to exceptions (collected or maintained in connection with a circumstance that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding)

11. Public Records, 19.31-19.39 Duty to Notify Persons Named in Records
Notice must be provided to “any record subject to whom the record pertains.” Wis. Stat. § (2)(a)
When the record contains information relating to an employee created or kept by an authority as a result of an investigation into a disciplinary matter or law violation
For notification requirement to kick in, the record subject must a focus or target of the requested record.

12. Public Records,
Can an employer charge for the requested records?
Yes, but only the actual, necessary, and direct cost of producing the records
What is the penalty for failing to comply?
Attorneys’ fees, damages of not less than $100.00, and other actual costs shall be awarded to a prevailing requester
Sometimes punitive damages or civil forfeiture