Wisconsin Freedom of Information Council
A representative government is dependent on an informed electorate
Q: Do public bodies that meet in closed session then have to vote in open session? A: It’s not clear because the case law is inconclusive. The Wisconsin Supreme Court ruled that Wis. Stat. ยง 14.90 (1959), a predecessor to the current open meetings law, authorized a governmental body to vote in closed session on […]
Continue ReadingQ: Can a governmental body go back into open session after convening in closed session? A: Yes, as long as the notice requirements are still met. A governmental body is prohibited from reconvening in open session in the twelve hours following a closed session, unless specific public notice is given. This public notice must be […]
Continue ReadingQ: What constitutes a “meeting”? A: If one-half or more members (that is, a quorum) are present then there is a rebuttable presumption that the members are conducting business and, thus, a meeting is taking place. Sec. 19.82(2), Stats. The presumption can be overcome, however, with evidence that the members did not discuss or act […]
Continue ReadingQ: I’ve heard the terms “walking quorum ” and “negative quorum.” What do they mean? A: A walking quorum is a series of meetings, telephone conferences, or some other means of communication such that groups of less than a quorum are effectively meeting and can arrive at a consensus or understanding regarding governmental business that, […]
Continue ReadingQ: How can I get copies of documents that will be discussed at a meeting in advance of the meeting? A: This issue is governed by the Open Records Law, not the Open Meetings Law. Generally, documents circulated to the members of the governmental body in advance of a meeting are presumed public, subject to […]
Continue ReadingQ: How much notice must be given before a meeting? A: Section 19.84(3), Stats., requires 24 hours notice “unless for good cause such notice is impossible, or impractical.” Even where there is good cause for shortened notice, notice of a meeting cannot be less than 2 hours. “Good cause” is not defined but should be […]
Continue ReadingQ: The meeting notice includes a discussion of “miscellaneous” items. Does that notice comply with the Open Meetings Law? A: The statutory standard for noticing a meeting requires that the subject matter be set forth “in such a form as is reasonably likely to apprise members of the public and the news media thereof.” Sec. […]
Continue ReadingQ: When is a corporation/organization a “quasi-governmental corporation” subject to the Open Meetings Law? A: The Open Meetings Law applies only to governmental bodies as defined by section 19.82(1), Stats., and includes governmental and quasi-governmental corporations. In addition to the statutory definition, the DOJ’s Compliance Guide includes a helpful listing of some specific “governmental bodies” […]
Continue ReadingQ: Are electronic records subject to the Open Records Law? A: Yes. Electronic records are subject to the Open Records Law under section 19.32(2), Stats. Where a record originated, and where or how it is stored, does not affect the public’s right of access. For example, if a public official conducts public business using her […]
Continue ReadingQ: I sent an open records request more than a week ago and I haven’t received a response. What should I do? A: It is mandatory for a custodian to respond to your open records request “as soon as practicable and without delay.” Sec. 19.35(4)(a), Stats. While the law does not require a response within […]
Continue ReadingQ: How much can a governmental entity charge for copies of records requested under the Open Records Law? A: Copy fees are limited to the “actual, necessary and direct cost” of reproduction unless otherwise provided by law. Sec. 19.35(3)(a), Stats. The policy of the Wisconsin Department of Justice is that photocopies should cost around 15 […]
Continue ReadingQ: Can I make an open records request for police records, such as daily arrest records or records involving an investigation? What about a district attorney’s investigative files? A: Police records are presumed public and, like all records, their release is subject to the common law balancing test. In many cases, the police department withholds […]
Continue ReadingQ: Is the subject of the record always entitled to notice of the open records request under section 19.356, Stats.? If the record subject is entitled to notice, then how long will it take to get the record? A: No, the subject of a public record is entitled to notice of a request only in […]
Continue ReadingQ: Are public employee personnel records open to the public? A: While the public is restricted from accessing certain types of personal information, other personnel records are presumptively open to the public. By statute, an employee’s social security number, private home address or telephone number; information relating to a pending investigation of a possible criminal […]
Continue ReadingQ: 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 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 Reading