Public Records Requests in Wisconsin: Understanding Wisconsin's Open Records Law

Introduction

Wisconsin has long recognized the public's right to inspect government records. This right is commonly referred to as Wisconsin's Open Records Law. The purpose of the law is to provide the public with access to government records unless a specific law authorizes withholding them.

The Statutory Authority

Wisconsin's Open Records Law is primarily found in Wis. Stat. §§ 19.31–19.39. Wisconsin law declares a strong public policy favoring openness and transparency in government.

What Is a Public Record?

The definition is broad and generally includes recorded information created or maintained by a governmental authority. Examples include:

• Reports
• Emails
• Letters
• Audio recordings
• Video recordings
• Meeting minutes
• Contracts
• Policies
• Inspection records
• Permits
• Investigative records

Who Must Comply?

Entities commonly subject to the law include:

• State agencies
• Counties
• Cities
• Villages
• Towns
• School districts
• Law enforcement agencies
• Public boards and commissions

Who May Request Records?

Generally anyone may request records. Wisconsin law does not ordinarily require a requester to be a Wisconsin resident, explain the purpose of the request, or be represented by an attorney.

Must a Request Be in Writing?

Not necessarily. Wisconsin law permits oral requests in many circumstances, although written requests are often advisable to create a record of the request.

What Information Should Be Included?

Effective requests are usually:

• Specific
• Clear
• Narrowly tailored

The request should provide enough detail to allow the records custodian to locate the records.

How Quickly Must Records Be Produced?

Wisconsin law requires governmental authorities to respond as soon as practicable and without delay. Wis. Stat. § 19.35(4)(a).

Can a Request Be Denied?

Yes. Not every record is subject to public disclosure. Limitations may arise from statutory exemptions, court orders, privacy concerns, law-enforcement interests, attorney-client privilege, and other legal protections.

The Balancing Test

Wisconsin courts frequently apply a balancing test to determine whether the public interest in disclosure outweighs the public interest in nondisclosure.

Law Enforcement Records

Common requests include:

• Incident reports
• Arrest reports
• Body-camera recordings
• Dash-camera recordings
• Dispatch recordings

Disclosure may be limited in circumstances involving ongoing investigations, witness protection, privacy interests, or juvenile matters.

Fees

Governmental authorities may charge certain reasonable fees, including copying and mailing costs, and in some circumstances limited location costs.

Common Misconceptions

You generally do not need a lawyer to request records. You generally do not need to explain why you want the records. Not every government record must be released. CCAP does not contain every government record.

Practical Tips

Successful requests often:

• Clearly identify the records sought.
• Include relevant dates.
• Identify involved agencies.
• Remain professional and concise.
• Request electronic copies when available.

Why Open Records Matter

Open-records laws promote transparency, accountability, public oversight, and confidence in government operations.

Conclusion

Wisconsin's Open Records Law reflects a strong legislative commitment to transparency and public access. Although exemptions exist, the law generally favors disclosure and provides broad authority for members of the public to inspect governmental records.

Selected Authorities

• Wis. Stat. §§ 19.31–19.39.
• Hempel v. City of Baraboo, 2005 WI 120, 284 Wis. 2d 162, 699 N.W.2d 551.
• Linzmeyer v. Forcey, 2002 WI 84, 254 Wis. 2d 306, 646 N.W.2d 811.
• Journal Times v. Police & Fire Comm'rs Bd., 2015 WI 56, 362 Wis. 2d 577, 866 N.W.2d 563.