Cooperative Extension   Wisconsin Public Records Law As a public agency, the University of Wisconsin Extension must comply with the Wisconsin Public Records Law, ss. 19.31-19.39, Wisconsin Statutes.  The public policy of the state is that all persons are entitled to the greatest possible information regarding the affairs of government.  Consistent with this policy, the public records law is to be construed with a presumption of complete public access, consistent with the conduct of governmental business. Definition of "Records" Under the law, the term "records" includes any material: on which written, drawn, printed, spoken, visual or electromagnetic information is recorded and preserved and which is being kept by an authority. The following are not considered to be "records" under the law: drafts, notes and preliminary computations for personal use personal property material to which access is limited by copyright, patent or bequest published material available for sale or at a public library Responding to Records Requests While there is no specific time limit, the response must be given "as soon as practicable and without delay;" the Department of Justice suggests 10 working days The custodian of the record must determine whether the record being requested exists--agencies are not required to create new records to respond to a request If the record exists, it should be presumed to be accessible Other considerations whether any statutes specifically require disclosure whether any of the following exceptions to providing access applies: Family Educational Rights and Privacy Act Common law limitations; e.g., access to district attorney's files Specific state or federal laws requiring confidentiality; e.g., patient health care records; trade secrets Identities of law enforcement informants The balancing test:  if the public interest in nondisclosure outweighs the public interest in disclosure, access may be denied Exceptions to the requirement that governmental bodies must meet in open session under s. 19.85, Statutes, are indicative of public policy that access to records on the same subject matter may be denied. If a request is denied, the reasons must be specific and sufficient Form of Records Requests Requests must be reasonably specific for the subject matter and length of time involved Requests are NOT required to be in writing The requester does not have to identify himself/herself, or state the reason for the request If a request is in writing, and is denied, the denial must be in writing and must explain to the requester that the denial can be reviewed by the courts or the attorney general or a district attorney Fees for Records Fees may be charged for actual, direct costs of copying records Questions about the Public Records Law Consult with UW System Legal Counsel for questions about the Public Records Law Top of Page | CE Policies Index Page If you have trouble accessing this page, require this information in an alternative format or wish to request a reasonable accommodation because of a disability, email Rick Mills, rick.mills@ces.uwex.edu or phone 608-263-4985 or 1-800-974-6644 TTY. © 1996-2003 Board of Regents of the University of Wisconsin System, doing business as the Division of Cooperative Extension of the University of Wisconsin-Extension. All rights reserved.