Open Records Requests
Wisconsinís Open Records Law is contained in ss. 19.31 to 19.39, Stats. Section 19.31, Stats., provides as follows:
Summary of Wisconsin's Open Records Law
19.31Declaration of policy. 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.
Section 19.35, Stats., essentially codifies case law and generally requires that a record held by an authority remain open for inspection and copying. Broadly speaking, an "authority" is a state body, local body, or elected official having custody of a record. Further, an authority usually delegates to a named individual the responsibilities of acting as a legal custodian who will respond to requests for access to records. [See ss. 19.32 (1) and 19.33, Stats.]
In discussing the applicability of, and the exceptions to, a predecessor of s. 19.35, Stats., the Wisconsin Supreme Court has stated the following:
ÖWe have concluded, however, where statutes, common law or court decisions have not limited the publicís right to examine records, "presumptively public records and documents must be open for inspection." Ö "Public policy, and hence the public interest, favors the right of inspection of documents and public records." There exists the legislative presumption that "where a public record is involved, the denial of inspection is contrary to the public policy and the public interest." Thus, the general presumption of our law is that public records shall be open to the public unless there is a clear statutory exception, unless there exists a limitation under the common law, or unless there is an overriding public interest in keeping the public record confidential. [SeeHathaway v. Joint School District No. 1, 116 Wis. 2d 388, 342 N.W.2d 682, 686-687 (1984); citations omitted.]
To summarize, Wisconsinís Open Records Law provides that a record must remain open for inspection and copying unless:
1. There is a clear statutory exception to this requirement;
2. There exists a limitation on inspection and copying under the common law; or
3. On a case-by-case basis, a record custodian decides that the harm done to the public by disclosure of a record outweighs the publicís interest in access to the record.
An authority receiving a record request must either fill the request or notify the requester of the authorityís determination to deny the request in whole or in part, including specific reasons for the denial. Every written denial of a request by an authority must inform the requester that if the request for the record was made in writing, then the determination to deny the request is subject to review by mandamus or upon application to the Attorney General or a district attorney. [See s. 19.35 (4) (a) and (b), Stats.]
Section 19.37 (1), Stats., provides that if an authority withholds a record, or part of a record, a requester either may:
1. Bring an action for mandamus asking a court to order release of the record; or
2. In writing, request the district attorney of the county where the record is found, or request the Attorney General, to bring an action for mandamus asking a court to order release of the record to the requester.
What is a "Record"
A "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which ahs been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "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 the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
For more information on Wisconsin's Open Record law visit the Wisconsin State Law Library.
What MAY be released
Closed or Adjudicated Cases
Photographs, including booking photos
What CANNOT be released (limited information may be released to victims and parents or guardians)
Open cases or cases pending prosecution
Personal Identifiers such as Social Security Numbers
How to Make an Open Record Request
If you would like to request a record, your request should include the following information
Date Incident Occurred
Location if Available
Type of Incident (i.e. accident, theft, etc.)
Name and address of requestor for billing/mailing purposes
The following fees apply to open records requests:
Accident Reports - $3
Incident Reports - $1 per page
CD/DVD - $5
Photographs - $.50 each
Return via Facsimile $2
Where to Send Your Request
Requests for records can be made by mailing your request to the Price County Sheriff's Department, P.O. Box B, Phillips, WI 54555, e-mailing your request to email@example.com, faxing your request to (715) 339-4115 or in person at 164 Cherry Street, Phillips, WI 54555.