An open records request in Wisconsin is a formal way for any member of the public to ask for access to government documents, records, or information held by state or local public offices. It is rooted in the fundamental principle that the public is entitled to the greatest extent possible, information regarding the affairs of government and the official acts of those officers and employees who represent them, all to ensure an informed electorate.
This process provides transparency and accountability, allowing individuals to review how public officials conduct their duties and how public funds are utilized.
Understanding Wisconsin's Open Records Law
Wisconsin's Open Records Law (Wisconsin Statutes sections 19.31-19.39) establishes the right of access to public records. This law declares that all persons are entitled to prompt access to records with very limited exceptions.
Who Can Make a Request?
- Any individual, organization, or entity can make an open records request.
- You do not need to be a Wisconsin resident to make a request.
- You do not need to state the reason for your request.
What Kinds of Records Are Accessible?
The law broadly defines "record" to include virtually any information maintained by a government body, regardless of its physical form. This can include:
- Documents (paper and electronic)
- Emails
- Audio and video recordings
- Photographs
- Maps
- Data sets
Examples of Common Records Requested:
| Category | Examples of Records |
|---|---|
| Government Operations | Meeting minutes, budgets, contracts, policy manuals |
| Law Enforcement | Incident reports, dashcam/bodycam footage, arrest records |
| Public Safety | Inspection reports, permit applications, zoning decisions |
| Personnel | Employee names, salaries, job descriptions |
It's important to note that while the law promotes broad access, there are specific exemptions for certain types of information, such as personally identifiable health information, certain law enforcement investigative files, or confidential financial data, which are balanced against the public's right to know.
How to Make an Open Records Request
Making a request in Wisconsin is generally straightforward, though precision can aid in a quicker response.
- Identify the Custodian: Determine which government entity or public office holds the records you are seeking. This is often a specific department (e.g., Police Department, City Clerk's Office, Department of Natural Resources). The individual responsible for maintaining the records is called the "custodian."
- Formulate Your Request:
- Specificity: Clearly describe the records you want. The more specific you are, the easier it is for the custodian to locate them.
- Format: While not always required to be in writing, a written request (email or letter) is highly recommended as it creates a clear record of your request and its date.
- No Specific Form: Most agencies do not require a special form, but some may provide one for convenience.
- Contact Information: Include your name and preferred contact method (email, phone, mailing address) so the custodian can respond.
- Submit the Request: Send your request to the appropriate custodian. Many public entities have a dedicated contact person or email address for open records requests.
Response Times
Upon receiving a valid request, custodians are required to respond:
- Promptly: This generally means as soon as possible and without delay.
- No Later Than 10 Business Days: If the records cannot be provided immediately, the custodian must provide a written notice of access or denial within 10 business days, explaining any delays or denials.
Fees for Records
Custodians may charge fees for:
- Actual, Necessary, and Direct Costs: This usually covers the cost of photocopying or scanning records.
- Mailing Costs: If records need to be mailed to you.
- Location Costs (in limited circumstances): If the cost to locate records exceeds $50, the custodian may charge for staff time. They must notify you in advance if this applies.
Practical Tips for Requestors
- Be Specific: Instead of asking for "all police records," specify "all incident reports related to a car accident at Main Street and Elm Avenue on June 15, 2023."
- Communicate Clearly: If you're unsure who the custodian is, contact the main office of the government entity.
- Keep Records: Maintain a copy of your request, the date you sent it, and any communications received from the custodian.
- Understand Exemptions: Be aware that not all information is public. Custodians may redact (black out) portions of records or deny access to entire records based on legal exemptions. They must provide a reason for any denial.
What to Do if a Request is Denied
If your request is denied, or you believe the response is inadequate, you have options:
- Appeal to the Custodian: Often, you can ask the custodian to reconsider their decision.
- Seek Review: You may be able to appeal to a supervisory authority within the agency.
- Legal Action: As a last resort, you can file a lawsuit in circuit court to enforce your right to access the records. The Wisconsin Department of Justice also provides resources and guidance on open records issues.
An open records request in Wisconsin is a powerful tool for civic engagement, empowering citizens to oversee their government and ensure a well-informed democracy.
