Public Records Law
Wisconsin’s public records law establishes rules and regulations concerning public inspection and copying of government records. The purpose of the public records law is to ensure that citizens have access to information regarding the affairs of government, consistent with the conduct of governmental business.
The law provides that any person has the right to inspect and obtain a copy of a public record. Public records include every form of information created or kept by a municipal department, office, committee, board, commission or officer. This includes handwritten and printed pages, maps, photographs, e-mail messages, audio and video recordings, and CD-ROMs. The public record does not include draft documents prepared for personal use or material that is purely personal property.
Noted exceptions to the public records law
- Information connected with a complaint, investigation or other circumstances that may lead to an enforcement action or other litigation.
- Information that, if disclosed would endanger an individual’s life or safety, identify a confidential informant or endanger the security of designated institutions.
- Some information from closed sessions. The records custodian may refuse to permit the inspection of a record from a closed session if the need for secrecy continues and if sufficient reason is given consistent with the law. However, once the underlying purpose for the closed session ends, the record must be released. Information from a closed session is not exempt simply because a valid closed session was held.
In most communities, the municipal clerk is designated the custodian of public records. If a record contains information that is subject to disclosure under the public records law as well as information that may be withheld, the custodian must delete or black-out the information not subject to disclosure before releasing the record. The custodian is not required to create a new record or document in response to a public records request. The custodian may also charge a reasonable fee for locating and duplicating a record.
Most public records must be kept for a period of seven years. However, tape recordings taken for the purpose of creating meeting minutes may be destroyed 90 days after approval of the minutes.
