Wisconsin Statute Summary

Page history last edited by Maverick 1 yr ago

Wisconsin Statute Summary


19.31 Declaration 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.

 

Plain english: The public is entitled to as much information as possible, and it is the duty of governmental agencies to provide that information.

 

19.34 (1) Procedural Information Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. The notice shall also separately identify each position of the authority that constitutes a local public office or a state public office. This subsection does not apply to members of the legislature or to members of any local governmental body.

 

Plain english: Government agencies must clearly state how and where access to records is provided, and describe any costs.

 

19.35 Access to records; fees. Except as otherwise provided by law, any requester has a right to inspect any record.

 

Plain english: That's pretty plain already!

 

19.35(2) Facilities. The authority shall provide any person who is authorized to inspect or copy a record under sub. (1) (a), (am), (b) or (f) with facilities comparable to those used by its employees to inspect, copy and abstract the record during established office hours. An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.

 

Plain english: If you want a copy, and they already have a copier, that's the one they will use. Otherwise, they must use whatever employees of that office normally use to duplicate documents.

 

19.35(3) Fees.

(a) An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.

 

Plain english: Pretty straightforward -- they can charge what it cost. I haven't yet found any examples of "a fee otherwise specifically established by law".

 

(c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.

 

Plain english: This will generally and up being a per-hour rate based on the wages of the person fulfilling the request and how it takes them. It can add up if they perform the search slowly!

 

(d) An authority may impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.

 

Plain english: If you want your request mailed to you, you pay the postage.

 

(e) An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.

 

Plain english: Good luck.

 

(f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5.

 

Plain english: You make an extensive request, they send you a locating/copying estimate, you pay it, they do it.

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