Questions answered about open records
JANESVILLE — It’s been called one of the “strongest declarations of policy in Wisconsin statutes.”
“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.”
That’s from Wisconsin’s Open Records Law, which came to be for the most part in 1981, according to the Wisconsin Attorney General’s office. The law was revised in 2003.
Despite the strong policy, getting records can sometimes seem difficult. Here are some tips to get you started in your quest to keep your local government transparent and accountable.
Q: What records are considered open?
A: In a nutshell, record-keepers ask several questions when they get a records request. 1. Does the record exist? 2. Is the requester entitled to see the information? 3. Do statutes prohibit the requester from seeing the record? 4. Does the “balancing test” compel access to the record?
The balancing test balances the “strong public interest in disclosure of the record against the public interest favoring nondisclosure.” The record-keeper must be specific when denying a request.
Any written or recorded document recording the events at a public meeting is open. Daily police arrest records are generally considered open, but documents pertaining to an investigation are usually not. District attorney records are not open.
Some closed records include employee personal contact information, trade secrets, the identities of certain applicants for public position and plans for state buildings.
Q: How much can officials charge for copies?
A: The Open Records Law states that custodians can charge only the “actual, necessary and direct cost” of reproducing records. They can only charge to locate records if it costs more than $50. Circuit court records might cost up to $1.25 per page. The Freedom of Information Council’s “Best Practices” list includes a charge of 10 cents to 25 cents or no charge at all.
Q: I think a record is open, but officials won’t let me see it. What do I do?
A: Requests do not have to be written, and requestors do not have to identify themselves. The request only needs to have a “reasonable” description of the information requested.
This is the method The Janesville Gazette reporters use when requesting records:
First, call the office that holds the information and ask who the record custodian is. Address a letter to that person.
Explain you are requesting information under Wisconsin’s Open Records Law and describe what you want. Insert this sentence: “Wisconsin Statute 19.35 (4) requires that you either comply with our request or notify us, in writing, of the reasons for your refusal ‘as soon as practicable and without delay.’”
For more details about Wisconsin’s Open Records Law and open meetings, here are some helpful Web sites:
n The Wisconsin Department of Justice. Click on www.doj.state.wi.us. Scroll down the home page to “2007 Open Meetings/Public Records Compliance Outlines.”
n The Wisconsin Freedom of Information Council. Visit www.wisfoic.org. The council has compiled an FAQ page, text of meeting and record statutes and a printed, wallet-sized summary.
n The First Amendment Council. Click on www.firstamendmentcenter.org. Then scroll down the right side of the page to “FOI Information.” Then click on “How to file an FOIC request.”
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