PUBLIC RECORDS | Administrative Guideline Manual

8310 - PUBLIC RECORDS

The District shall allow persons to have access to public records of the District in accordance with this guideline, which is intended to conform with the Wisconsin Public Records Law. To the extent that this guideline is ambiguous or conflicts with applicable law, the law shall govern.

District Records Custodian

The District Records Custodian ("DRC") in designated in Policy 8310 and shall be the legal custodian of records for the District. The DRC shall safely keep and preserve the public records of the District and shall have the authority to render decisions and carry out duties related to those public records. The DRC may deny access to records only in accordance with the law. The DRC is authorized and encouraged to consult with the District’s legal counsel to determine whether to deny access to a records request in whole or in part.

Requests for Public Records

Public records of the District will be made available for inspection at the District office during normal, regular business hours upon request. No original public records of the District shall be removed from the possession of the DRC. The DRC shall be responsible for administering the District’s Public Records Policy including, but not limited to, designating where, when and how the public records of the District may be inspected and copied.

Requests for records of the District may be submitted orally or in writing to the DRC. It is not necessary that any person requesting access to the public records of the District identify himself/herself in order to obtain a record, nor need any person requesting access to the public records of the District state any reason for his/her request.

Any request for a public record must reasonably describe the record or information sought. If the DRC cannot reasonably determine what records or information are being requested, the request shall be denied and the reason for the denial shall be stated. Any denial of a written request must be in writing and any denial of an oral request may be given orally or in writing.

General Procedures for Release, Inspection, and/or Reproduction of Public Records

The DRC will respond to a public records request as soon as practicable and without delay. If a written request is denied, it will be denied in writing and contain a statement of all of the reasons for denying the request. The denial must also notify the requester of his/her right to have the determination reviewed by mandamus or upon application to the attorney general or a district attorney.

If any records of the District are requested that are necessary for the day-to-day operation of the District, then the DRC may arrange for the records to be inspected after normal working hours.

If the DRC determines that portions of any records requested contain information that should not be released, the custodian will redact portions or remove material not to be released and thereafter release the balance of the document. The DRC shall inform the requestor of the nature of the material or portions withheld and the authority under which access has been denied.

The DRC will refer any requests for electronically stored records of the District to the individual in charge of the equipment involved to determine the estimated cost to locate the requested records and to reproduce them to fulfill the request.

Time and Location to Review Records

Public records may be inspected, copied, and/or abstracted at the District Administrator’s office during the following established District office hours: 8:00 a.m. to 4:00 p.m.

Full or Partial Denial of Request

Section 19.35(4)(a), Wis. Stats., provides that "each authority, upon request for any record, shall, as soon as practicable and without delay, either fills the request to notify the requester of the authority’s determination to deny the request in whole or in part and the reasons therefor." If a written request is denied in whole or part, "the requester shall receive from the authority a written statement of the reasons for denying the written request. Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under 19.37, Wis. Stats., or upon application to the attorney general or district attorney."

The District's defense of its denial may not be available unless the reasons are stated in the denial letter.

Consultation with District's Legal Counsel

Prior to the release or denial of public records, the District Administrator should evaluate the need for consultation with the District's legal counsel.

Step-by-Step Procedure for Review and Release of Personnel Records

Step 1

Determine that Request is For a "Record" that the District maintains.

"Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.

"Record" does not include the following:
1. drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator or in the name of a person for whom the originator is working;
2. materials which are purely the personal property of the custodian and have no relation to his/her office;
3. materials to which access is limited by copyright, patent, or bequest;
4. published materials that are available for sale or which are available for inspection at a public library.

The District need not create a record that does not exist, such as a compilation of data or statistics that the District has not compiled but for which the raw data is in the possession of the District. If no record exists, then the DRC shall inform the requestor. STOP.

If the request relates to a "record" of the District that it is in possession of, the DRC must continue to Step 2.

Step 2

Determine if the "Record" is exempt from disclosure under any applicable statutory basis. Such basis include:
1. student records; Refer to Policy 8330;
2. privileged communications, such as communications to District personnel from District legal counsel;
3. identities for applicants of certain positions that are not final candidates;
4. certain employee personnel records;
5. personal financial identifying information;
6. purely personal content of employee e-mail communications;
7. any record exempt from disclosure under any provision of Wisconsin or Federal law.

Upon receipt of a public records request for employee personnel records, determine whether the personnel records being sought are of an "employee" or of someone in a "local public office".

"Employee" means any individual who is employed by the District, other than an individual holding local public office or any individual who is employed by an employer other than an authority.

"Local public office" has the meaning given in s. 19.42 (7w), and also includes any appointive office or position of a local governmental unit in which an individual serves as the head of a department, agency, or division of the local governmental unit, but does not include any office or position filled by a municipal employee, as defined in s. 111.70(1)(i).

Option 1: If the request is for personnel records regarding an "employee", skip to Step 6.

Option 2: If the request is for personnel records regarding someone in "local public office", go to Step 3.

Option 3: If the request is not statutorily exempt from disclosure and does not relate to employee personnel records, the DRC shall determine whether release of the records would result in harm to the public interest that outweighs the legislative policy recognizing the public interest in being informed about the affairs of government. If not, the records shall be released, if yes, then the request shall be denied.

Step 3

Determine if the request is for a local public official’s personnel records that may not be released either in whole or in part.

Records of a person in local public office that may not be released in whole are those that contain information maintained, prepared, or provided by the school district concerning:
1. home address;
2. home electronic mail address;
3. home telephone number;
4. social security number;
5. content of purely personal email communications that are not part of an investigatory file;
6. genetic information.

This does not apply if the individual authorizes the authority to provide access to such information.

This does not apply to the home address of an individual who holds an elective public office or to the home address of an individual who, as a condition of employment, is required to reside in a specified location.

Option 1: If the requested records are not precluded from release, go to Step 4.

Option 2: If the records are precluded from release, deny the request in writing citing reasons for denial and following denial process. STOP.

Step 4

Conduct the balancing test for local public official personnel records requested.

Conduct a balancing test to determine if release of the records would result in harm to the public interest such that it outweighs the legislative policy recognizing the public interest in being informed about the affairs of government.

Also, determine if there are statutory or common law reasons to deny access to the requested records. If so, the DRC may deny the request in accordance with the requirements of the Public Records Law by stating every statutory and/or common law principle upon which the decision is based.

Option 1: If the DRC decision is to release the requested records, go to Step 5.

Option 2: If the DRC decision is not to release the requested records, deny the request in writing citing reasons for denial and following denial process. STOP.
Step 5

Notification of local public official of impending release.

Provide the local public official with notice that satisfies the requirements of the Public Records law within three (3) business days of the decision to release. The notice must be either personally served (document this) or sent certified mail with a return receipt requested (to confirm date of receipt).

Upon receipt of the notification, the local public office holder has five (5) business days to "augment the record to be released with written comments and documentation selected by the record subject."

Five (5) business days after receipt of the notice by the local public official, release the records in accordance with the public records process, including any augmented records such as comments or documentation by the local public official. If any portion of the record is exempt from disclosure the DRC must perform the necessary redactions. This completes the process for release of records regarding local public office holders.
Step 6

Determine if the request is for employee records that may not be released.

Records of an employee that may not be released are the following:
1. Information maintained, prepared, or provided by the District concerning:
  1. home address;
  2. home electronic mail address;
  3. home telephone number;
  4. social security number of an employee;
  5. genetic information.

Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to disposition of the investigation.
Information pertaining to an employee’s employment examination, except an examination score if access to that score is not otherwise prohibited.
Information relating to one or more specific employees that is used by an authority or by the employer of the employees for:
1. staff management planning, including performance evaluation, judgments, or recommendations concerning future salary adjustments or other wage treatments;
2. management bonus plans;
3. promotions;
4. job assignments;
5. letters of reference, or other comments of reference, or other comments or ratings relating to employees.
Content of purely personal e-mail communications that are not part of an investigatory file.
Information required to be maintained as confidential as a result of an employee's or student's participation in the Safe at Home/Address Confidentiality Program administered by the Wisconsin Department of Justice. (See Policy 8320, Policy 8330, AG 8320 and AG 8330)

Option 1: If the requested records are not precluded from release, go to Step 7.

Option 2: If the records are precluded from release, deny the request in writing citing reasons for denial and following denial process. STOP.

Step 7

Conduct the balancing test for employee personnel records requested.

Conduct a balancing test to determine if release of the records would result in harm to the public interest that outweighs the legislative policy recognizing the public interest in being informed about the affairs of government.

Option 1: If the DRC decision is to release the requested records go to Step 8.

Option 2: If the DRC decision is not to release the requested records, deny the request in writing citing reasons for denial and following denial process. STOP.
Step 8

Determine if the subject of the records is entitled to notice regarding the request. The DRC must provide notice to the subject if the request calls for the release of the following documents:
1. A record containing information relating to an employee that is created or kept by the authority and that is the result of an investigation into a disciplinary matter involving the employee or possible employment-related violation by the employee of a statute, ordinance, rule, regulation, or policy of the employee’s employer.
2. A record obtained by the authority through a subpoena or search warrant.
3. A record prepared by an employer other than an authority, if that record contains information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information.

This does not apply to a school district who provides access to a record pertaining to an employee to the employee who is the subject of the record or to his/her representative to the extent required under Sec. 103.13 Wis. Stats. or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain or pursuant to a collective bargaining agreement under Ch. 111.

This does not apply to releases to the Equal Rights Division or the Personnel Commission for discrimination claim investigation purposes.

Option 1: If the DRC determines that the requested records do not fall into one (1) of the categories above, no notice to the employee is required. The records may be released in accordance with the normal public records process. STOP.

Option 2: If the DRC determines that the requested records do fall into one (1) of the categories above, go to Step 9.

Step 9

Notice to employees that are the subject of a records request.

Provide the employee with a notice that satisfies the requirements of the Public Records law within three (3) business days of the decision to release. This notification must be either personally served (document this) or sent certified mail with a return receipt requested (to confirm date of receipt).

Twelve (12) business days after sending of the notice to the employee, the District may release the records in accordance with the normal public records process, UNLESS the employee provided the District with written notification within five (5) business days of receipt of the notice of his/her intent to seek a court order restraining the District from releasing the record. If the employee provides the District with timely written notice, the DRC should not release the records. In addition, records may not be released during pendency of any legal action, including any appeals.

The employee has ten (10) business days after receipt of the notice to commence legal action seeking a court order restraining the District from releasing the records.

Fees and Costs

Individuals may receive a reproduction of a public record of the District. Individuals will be informed in advance of the fees and costs of locating and reproducing public records. Fees and costs for responding to a public record request shall be as follows:

Costs of Locating Documents
There will be no fee imposed upon any person who requests a record if the costs of locating that record do not exceed $50.00.
Some of the records of the District are in off-site storage, archived, not online on the District’s computer or otherwise not immediately available. In those cases where it appears that the costs of locating a record will exceed $50.00, the legal custodian will seek the prior written approval of the requestor before proceeding. In addition, the custodian will endeavor, but will not be required to provide an estimate of the total anticipated costs for locating the record.
The District will determine the costs of locating a record by using the hourly rate of employees involved in attempting to locate the record. The DRC shall determine this charge based upon the employee’s salary and fringe benefits. The requester shall be charged for each quarter-hour (1/4) of time or portion thereof.
Reproduction Expenses
1. Costs of reproducing records where equipment is available:
  1. The per-page costs for reproduction will be as specified in Policy 8310.
  2. The actual costs to the District or the tapes or other medium used for reproduction shall also be paid by the person making the request.
2. Costs of reproducing where equipment is not available within the District.
3. If equipment necessary for any reproduction is not available within the District, then the District will rent whatever equipment is necessary to perform the function and will require the person to make payment in advance before proceeding.
4. The actual cost to the District of the equipment used for reproduction shall be paid by the person making the request.
Disputes
The DRC shall report any disputes that arise under this fee schedule to the Board.
Payment of Fees
1. The DRC may require the payment of fees and costs provided herein in advance if the total estimated cost exceeds $50.00. In any case in which payment is required, the District will maintain a record of actual expenses incurred in fulfilling the request, including staff time, reproduction costs, or other expenses described herein. If advance payment is made based on an estimated cost, the District will either invoice the requestor for the balance due based on actual cost or refund any overpayment.
2. The DRC may, in his/her sole discretion, elect to waive the imposition of the costs provided for herein.

Notice

The District will display in a prominent location in each school building and office a Public Records Notice conforming to the Public Records Law.