WISCONSIN PUBLIC RECORDS REQUEST

Comprehensive Template Under the Wisconsin Public Records Law

Wis. Stat. Ch. 19, Subch. II (ss. 19.31-19.39)

OVERVIEW OF WISCONSIN'S PUBLIC RECORDS LAW

Wisconsin's Public Records Law is codified at Wis. Stat. ss. 19.31 through 19.39. The law establishes one of the broadest open records frameworks in the nation, declaring 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" and that providing 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." Wis. Stat. s. 19.31.

Key Features of the Wisconsin Public Records Law

• Presumption of Openness: All records are presumed open unless a specific exemption or the common-law balancing test applies.
• No Specific Deadline: Unlike many other states, Wisconsin has no fixed statutory deadline for response. The standard is that records must be produced "as soon as practicable and without delay." Wis. Stat. s. 19.35(4)(a).
• No Requirement to State Purpose: A requester generally need not state the purpose of the request, though certain narrow categories of records require identification of purpose. Wis. Stat. s. 19.35(1)(i).
• Balancing Test: Wisconsin uses a common-law balancing test for records not subject to a specific statutory exemption, weighing the public interest in disclosure against the public interest in nondisclosure. Newspapers, Inc. v. Breier, 89 Wis.2d 417 (1979).
• Broad Definition of Record: A "record" includes any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved. Wis. Stat. s. 19.32(2).

SECTION 1: PUBLIC RECORDS REQUEST LETTER

PUBLIC RECORDS REQUEST
Pursuant to the Wisconsin Public Records Law
Wis. Stat. Ch. 19, Subch. II (ss. 19.31-19.39)

Date: [__/__/____]

TO (Records Custodian):

Name: [________________________________]
Title: [________________________________]
Agency/Department: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

FROM (Requester):

Name: [________________________________]
Title/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

RE: Public Records Request Concerning [________________________________]

Dear [________________________________]:

I. Legal Basis for Request

Pursuant to the Wisconsin Public Records Law, Wis. Stat. ss. 19.31-19.39, I hereby request access to inspect and/or obtain copies of the public records described below. This request is made under the authority of Wis. Stat. s. 19.35(1), which provides that any requester has a right to inspect and copy any record maintained by an authority, except as otherwise provided by law.

As stated in Wis. Stat. s. 19.31, the presumption is that all records of an authority are open to public inspection and copying. The Wisconsin Supreme Court has recognized that this law reflects "a very strong legislative policy in favor of the fullest possible public access to public records." Hempel v. City of Baraboo, 2005 WI 120, para. 22.

II. Records Requested

I respectfully request that you search for and produce the following records:

Primary Request:

(a) [________________________________]

(b) [________________________________]

(c) [________________________________]

(d) [________________________________]

Additional Related Records:

(e) All indices, logs, databases, or record-keeping systems that would assist in identifying responsive records;

(f) All correspondence, emails, memoranda, and communications related to the above subject matter;

(g) All segregable, non-exempt portions of any records that may contain both exempt and non-exempt information.

Scope of Search:

• Date Range: From [__/__/____] to [__/__/____]
• Departments/Divisions to Search: [________________________________]
• Keywords or Search Terms: [________________________________]
• Record Types: [________________________________] (e.g., emails, reports, contracts, meeting minutes, correspondence, databases)
• Format of Original Records: [________________________________]

III. Format of Production

Pursuant to Wis. Stat. s. 19.35(1)(b) and (c), I request that responsive records be produced in the following format:

☐ Electronic copies in native format (preferred)
☐ Electronic copies in PDF format
☐ Paper copies
☐ Inspection at the agency's offices during regular business hours
☐ Other: [________________________________]

If any requested records exist in electronic form, I request electronic copies, as Wis. Stat. s. 19.35(1)(b) provides that a requester may request an electronic copy of information maintained in electronic format, and the authority must provide the electronic copy if practicable without substantially disrupting the operations of the authority.

If the records contain data in a database, I request the data be produced in its native electronic format or in a commonly usable electronic format, as permitted by Wis. Stat. s. 19.35(1)(L).

IV. Fee Provisions

I understand that fees may be charged under Wis. Stat. s. 19.35(3). I am willing to pay reasonable costs associated with this request, as follows:

• I agree to pay up to $[____] without prior notification.
• If the estimated costs exceed that amount, please provide me with a detailed, itemized cost estimate before proceeding with the request.

I note that under Wis. Stat. s. 19.35(3):

• Fees are limited to the "actual, necessary, and direct" cost of reproduction.
• Location fees may only be charged if the total location costs exceed $50.00, and only for the actual, necessary, and direct costs of locating the records. Wis. Stat. s. 19.35(3)(c).
• An authority may not profit from providing records; fees must reflect only actual costs.
• If records are maintained electronically and the requester requests an electronic copy, the authority may charge only the actual cost of the medium used (e.g., CD, USB drive) plus any actual, necessary, and direct costs of staff time.

V. Fee Waiver Request (If Applicable)

☐ I request a waiver or reduction of fees for the following reason(s):

[________________________________]

Under Wisconsin law, fee waivers are not statutorily mandated but may be granted at the authority's discretion. I respectfully request a waiver or reduction because:

☐ Disclosure is in the public interest and will contribute significantly to public understanding of government operations.
☐ I am a member of the news media and the information will be disseminated to the public.
☐ I am a nonprofit organization seeking the records for educational or research purposes.
☐ I am an elected official seeking the records in connection with my official duties.
☐ Other: [________________________________]

VI. Response Timeline

I respectfully request that you respond to this request as soon as practicable and without delay, as required by Wis. Stat. s. 19.35(4)(a). While Wisconsin does not impose a specific statutory deadline for responding to records requests, the Wisconsin Supreme Court has held that "without delay" means that the authority should respond "as soon as practicable under the circumstances." WIREdata, Inc. v. Vill. of Sussex, 2008 WI 69, para. 56.

Factors that courts consider in evaluating timeliness include:
- The nature and scope of the request
- The volume of records involved
- The difficulty of locating, retrieving, and reviewing records
- Whether the authority has staff dedicated to records requests
- Whether the authority provided timely status updates

If you are unable to fulfill this request within a reasonable time, please provide a written explanation of the reasons for the delay and an estimated date of production.

VII. Denial Procedures

If you determine that any records or portions of records are exempt from disclosure, I request that you:

(a) Provide a written denial that specifically identifies the legal authority (statute, case law, or other legal basis) relied upon for each withheld record or redaction, as required by Wis. Stat. s. 19.35(4)(b);

(b) Provide a specific and detailed explanation of how the cited exemption or legal authority applies to each withheld record, including the results of any balancing test applied;

(c) Segregate and release all non-exempt portions of any partially exempt records, as required by Wisconsin law;

(d) Identify the specific custodian who made the decision to deny access; and

(e) Notify me of my right to seek judicial review by mandamus action under Wis. Stat. s. 19.37(1).

VIII. Preservation of Records

I hereby request that you take immediate steps to preserve all records responsive to this request. Please ensure that no responsive records are destroyed, altered, deleted, or otherwise disposed of pending completion of this request. This includes suspension of any routine document destruction or retention schedule as it may apply to the requested records.

IX. Contact Information

If you have any questions regarding this request or need clarification, please contact me at the address, email, or telephone number listed above. I am happy to discuss the scope of this request to facilitate prompt production.

Thank you for your prompt attention to this matter.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Title: [________________________________]
Organization: [________________________________]
Date: [__/__/____]

SECTION 2: RECORDS DESCRIPTION GUIDANCE

Drafting Effective Records Descriptions Under Wisconsin Law

Under Wisconsin's Public Records Law, the requester must "reasonably describe" the records sought. While there is no formal requirement for specificity, a well-drafted description will expedite production and reduce the risk of the authority claiming inability to locate records.

Sample Records Descriptions

Government Contracts and Procurement:

"All contracts, purchase orders, invoices, payment records, and related correspondence between [Agency Name] and [Vendor Name] from [Start Date] through [End Date], including but not limited to the original solicitation, all bids received, evaluation criteria, scoring sheets, award determination, and all amendments or modifications to the contract."

Personnel and Employment Records:

"All records relating to the hiring process for the position of [Job Title] within [Department Name] from [Start Date] through [End Date], including but not limited to the job posting, all applications received, interview notes, scoring rubrics, reference checks, background check results (to the extent not exempt), offer letters, and correspondence with candidates."

Law Enforcement Records:

"All incident reports, dispatch logs, body-worn camera footage, dashboard camera footage, use-of-force reports, witness statements, and investigative notes relating to Incident No. [Number] that occurred on or about [Date] at [Location], to the extent such records are not exempt under Wis. Stat. s. 19.36(2) or other applicable law."

Financial and Budget Records:

"All budget documents, financial statements, expenditure reports, revenue reports, audit reports, and related memoranda for [Agency/Department] for fiscal years [Year] through [Year], including all line-item detail and supporting documentation."

Environmental and Health Records:

"All inspection reports, compliance orders, notices of violation, monitoring data, correspondence, and related documents pertaining to [Facility/Site Name] located at [Address] from [Start Date] through [End Date]."

Emails and Electronic Communications:

"All emails sent to or from [Name/Email Address] during the period of [Start Date] through [End Date] containing the following search terms: [Term 1], [Term 2], [Term 3], including all attachments to such emails."

Meeting Records:

"All agendas, minutes, audio/video recordings, handouts, presentations, and supporting materials for meetings of the [Committee/Board/Commission Name] held from [Start Date] through [End Date]."

SECTION 3: FEE PROVISIONS

Detailed Analysis of Fee Structure Under Wis. Stat. s. 19.35(3)

A. Reproduction Fees

Wisconsin law limits fees to "actual, necessary, and direct" costs of reproduction. Wis. Stat. s. 19.35(3)(a). This includes:

B. Location Fees

Under Wis. Stat. s. 19.35(3)(c):

• Location fees may only be charged if the total location cost exceeds $50.00.
• The authority may charge the actual, necessary, and direct cost of locating the records.
• If the cost exceeds $50.00, the authority may require a prepayment deposit or the cost of locating the records (up to the actual cost minus $50.00).
• Location fees must reflect the actual staff time spent searching for records at the staff member's hourly rate.

C. Charges Not Permitted

• No charge for time spent reviewing records to determine exempt status.
• No charge for redacting exempt information.
• No surcharge or profit on copying or location services.
• No charge for merely inspecting records (as opposed to copying).

D. Prepayment

An authority may require prepayment of fees if the estimated total cost exceeds $5.00. Wis. Stat. s. 19.35(3)(f).

SECTION 4: RESPONSE TIMELINE

Wisconsin's "As Soon as Practicable Without Delay" Standard

A. Statutory Standard

Wisconsin does not impose a fixed numerical deadline. Instead, Wis. Stat. s. 19.35(4)(a) requires that an authority respond to a records request "as soon as practicable and without delay."

B. Case Law Interpretation

• Reasonable Time: The Wisconsin courts have interpreted "without delay" to mean a reasonable time under the circumstances. State ex rel. Newspapers, Inc. v. Breier, 89 Wis.2d 417, 427 (1979).
• 10-Day Guideline: While not statutory, the Wisconsin Department of Justice's Public Records Law Compliance Guide has suggested that 10 business days is a reasonable initial response time for routine requests. However, this is a guideline, not a binding requirement.
• Complex Requests: For voluminous or complex requests, longer periods may be reasonable if the authority communicates the reasons for the delay and provides regular status updates.

C. What Constitutes an Adequate Response

Under Wis. Stat. s. 19.35(4), a response must include one of the following:

1. Production of the requested records (in whole or in part);
2. Written notification of denial that includes:
   - A statement of the specific reasons for the denial;
   - Citation to the specific statutory exemption, other law, or common-law balancing test relied upon;
   - Notice that the denial is subject to review by mandamus under Wis. Stat. s. 19.37(1); or
3. Written notification that the authority needs additional time, with an explanation and estimated date of production.

D. Constructive Denial

If an authority fails to respond within a reasonable time, the silence may be treated as a constructive denial, which triggers the requester's right to seek mandamus relief. Newspapers, Inc. v. Breier, 89 Wis.2d at 427.

SECTION 5: EXEMPTIONS OVERVIEW

Comprehensive Guide to Wisconsin Public Records Exemptions

Wisconsin uses a two-track system for withholding records:

1. Specific Statutory Exemptions (Wis. Stat. s. 19.36 and other statutes)
2. Common-Law Balancing Test (for records not covered by a specific exemption)

A. Specific Statutory Exemptions Under Wis. Stat. s. 19.36

B. Exemptions Located in Other Statutes

Numerous other Wisconsin statutes create additional exemptions, including but not limited to:

• Attorney-Client Privilege: Wis. Stat. s. 905.03
• Work Product Doctrine: Wis. Stat. s. 804.01(2)(c)
• Juvenile Records: Wis. Stat. s. 938.396
• Medical Records: Wis. Stat. s. 146.82
• Tax Returns: Wis. Stat. s. 71.78
• Student Records: Wis. Stat. s. 118.125; FERPA (20 U.S.C. s. 1232g)
• Mental Health Records: Wis. Stat. s. 51.30
• Patient Health Care Records: Wis. Stat. s. 146.82
• Adoption Records: Wis. Stat. s. 48.93
• Voter Registration Information (certain fields): Wis. Stat. s. 6.36(1)(b)
• Sealed Court Records: Wis. Stat. s. 757.293

C. Common-Law Balancing Test

For records not covered by a specific statutory exemption, Wisconsin applies a balancing test established in Newspapers, Inc. v. Breier, 89 Wis.2d 417 (1979):

The Test: A custodian may withhold a record only if the public interest in nondisclosure clearly outweighs the public interest in disclosure.

Requirements for Invoking the Balancing Test:

1. The custodian must identify a specific public policy that would be harmed by disclosure;
2. The custodian must demonstrate that the harm to the identified public interest is significant;
3. The custodian must show that the harm clearly outweighs the public's interest in disclosure;
4. The custodian must provide specific, detailed reasons (not generalized assertions) for the denial.

Factors Courts Consider:
- Whether disclosure would harm the public interest in any identifiable way
- Whether the record reveals deliberative processes of government
- Whether disclosure would invade personal privacy
- Whether the record relates to ongoing investigations or litigation
- Whether the information is already publicly available
- The requestor's stated purpose (though generally not a permissible factor)

Key Cases:
- Newspapers, Inc. v. Breier, 89 Wis.2d 417 (1979) - Established balancing test
- Hempel v. City of Baraboo, 2005 WI 120 - Strong presumption favoring disclosure
- Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65 - Deliberative process
- Schill v. Wisconsin Rapids Sch. Dist., 2010 WI 86 - Teacher evaluations
- Linzmeyer v. Forcey, 2002 WI 84 - Personnel records

D. Three Categories of Records

Wisconsin courts have classified records into three categories per Hempel v. City of Baraboo:

1. Absolute Right of Access: Records subject to no exemption (e.g., most routine governmental records).
2. Absolute Denial of Access: Records specifically made confidential by statute with no exceptions.
3. Balancing Test Records: Records where the balancing test determines access.

SECTION 6: APPEAL PROCEDURES

Administrative and Judicial Remedies for Records Denials

A. No Formal Administrative Appeal

Wisconsin's Public Records Law does not provide a formal administrative appeal process. Unlike the federal FOIA, there is no requirement to appeal to a higher authority within the agency before seeking judicial relief. However, requesters may informally contact:

• The authority's legal counsel to discuss the denial;
• The Wisconsin Attorney General, who may issue an informal opinion (Wis. Stat. s. 19.39);
• The Wisconsin Freedom of Information Council (advisory body).

B. Mandamus Action (Judicial Review)

The primary enforcement mechanism is a mandamus action under Wis. Stat. s. 19.37(1):

Court: Circuit court in the county where the records are located.

Standard of Review: De novo. The court reviews the matter independently, without deference to the custodian's decision.

Burden of Proof: The custodian bears the burden of proving that the record is exempt or that the balancing test favors nondisclosure. Newspapers, Inc. v. Breier, 89 Wis.2d at 429.

Timeline for Filing: There is no specific statute of limitations for mandamus actions under the Public Records Law, but unreasonable delay may prejudice the requester's position.

In Camera Review: The court may review disputed records in camera (privately) to determine whether the exemption applies. Wis. Stat. s. 19.37(1)(b).

C. Attorney's Fees and Costs

Under Wis. Stat. s. 19.37(2):

• A requester who prevails, in whole or in substantial part, may be awarded:
• Reasonable attorney's fees
• Actual costs of the litigation
• Punitive damages of not less than $100 (Wis. Stat. s. 19.37(2)(a))
• If the court finds the authority acted in an arbitrary and capricious manner, the court may award punitive damages of not more than $1,000. Wis. Stat. s. 19.37(2)(a).

Key Attorney's Fee Standard: The Wisconsin Supreme Court has held that a requester must obtain a "judicially sanctioned change in the parties' legal relationship" to be considered to have prevailed. Simply causing the authority to produce records after filing suit (but before a judicial order) may not suffice.

D. Criminal Penalties

Under Wis. Stat. s. 19.37(4), any authority that arbitrarily and capriciously denies or delays a records request, or charges excessive fees, may be subject to a forfeiture of not more than $1,000.

SECTION 7: APPEAL/MANDAMUS PETITION LETTER

NOTICE OF INTENT TO SEEK JUDICIAL RELIEF
AND DEMAND FOR RECONSIDERATION

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]

RE: Appeal of Denial of Public Records Request Dated [__/__/____]

Dear [________________________________]:

I write in response to your denial, dated [__/__/____], of my public records request submitted on [__/__/____] under the Wisconsin Public Records Law, Wis. Stat. ss. 19.31-19.39.

Basis for Appeal

Your denial is inadequate and/or legally insufficient for the following reasons:

☐ The cited exemption does not apply to the requested records.
☐ The denial did not identify a specific statutory exemption or legal basis as required by Wis. Stat. s. 19.35(4)(b).
☐ The denial did not provide specific reasons for the denial.
☐ The authority failed to conduct the required balancing test or provided insufficient analysis.
☐ The authority failed to release segregable, non-exempt portions of partially exempt records.
☐ The authority's response was unreasonably delayed.
☐ The fees charged exceed the "actual, necessary, and direct" costs permitted by Wis. Stat. s. 19.35(3).
☐ Other: [________________________________]

Specific Objections

[________________________________]

[________________________________]

[________________________________]

Demand for Reconsideration

I respectfully demand that you reconsider your denial and produce the requested records within [____] business days of this letter. If you continue to deny access, please provide a detailed written explanation addressing each of the objections raised above.

Notice of Intent to Seek Judicial Relief

Please be advised that if the records are not produced or a satisfactory response is not received within the time specified above, I intend to file a mandamus action in the Circuit Court of [________________________________] County pursuant to Wis. Stat. s. 19.37(1), seeking:

(a) An order compelling disclosure of the requested records;
(b) Reasonable attorney's fees and actual costs pursuant to Wis. Stat. s. 19.37(2);
(c) Punitive damages of not less than $100 pursuant to Wis. Stat. s. 19.37(2)(a);
(d) Such other relief as the court deems just and proper.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 8: ENFORCEMENT MECHANISMS

Penalties, Civil Actions, and Damages

A. Mandamus Action

• Authority: Wis. Stat. s. 19.37(1)
• Court: Circuit court of the county where the records are maintained
• Standard: De novo review
• Burden: On the custodian to justify nondisclosure
• Relief: Court order compelling production of records

B. Monetary Damages

C. Personal Liability of Custodian

Individual records custodians may face personal liability for arbitrary and capricious denials. The forfeiture under s. 19.37(4) applies to the authority (not the individual), but punitive damages under s. 19.37(2) may create personal exposure for custodians who act in bad faith.

D. Contempt

Failure to comply with a court order compelling disclosure may result in contempt of court proceedings, including potential incarceration and fines.

SECTION 9: FOLLOW-UP LETTER TEMPLATE

FOLLOW-UP TO PUBLIC RECORDS REQUEST

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
Email: [________________________________]

RE: Follow-Up to Public Records Request Dated [__/__/____]

Dear [________________________________]:

I write to follow up on my public records request submitted on [__/__/____] pursuant to the Wisconsin Public Records Law, Wis. Stat. ss. 19.31-19.39.

☐ To date, I have not received any response to my request.
☐ I received an acknowledgment on [__/__/____] but have not received the requested records.
☐ I received a partial production on [__/__/____] but the following records remain outstanding: [________________________________]
☐ I received a denial on [__/__/____] that did not comply with the requirements of Wis. Stat. s. 19.35(4)(b).

As you are aware, Wis. Stat. s. 19.35(4)(a) requires that records be produced "as soon as practicable and without delay." It has now been [____] days since my original request, which I believe exceeds any reasonable timeframe for this request given its scope and nature.

I respectfully request that you:

☐ Immediately produce all responsive records;
☐ Provide a written status update with an estimated date of production;
☐ Provide a written explanation for the delay, including specific facts justifying the time required;
☐ Identify any records being withheld and the legal basis for each withholding.

If I do not receive a satisfactory response within [____] business days, I may be compelled to seek judicial relief under Wis. Stat. s. 19.37(1).

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 10: FEE WAIVER REQUEST TEMPLATE

REQUEST FOR WAIVER OR REDUCTION OF PUBLIC RECORDS FEES

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Organization: [________________________________]
Address: [________________________________]

RE: Fee Waiver Request for Public Records Request Dated [__/__/____]

Dear [________________________________]:

I write to request a waiver or reduction of fees associated with my public records request dated [__/__/____], submitted pursuant to the Wisconsin Public Records Law, Wis. Stat. ss. 19.31-19.39.

Basis for Fee Waiver Request

The Legislature has declared that "it is the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government" and that records should be available "free or at minimal cost." Wis. Stat. s. 19.31.

I request a fee waiver or reduction for the following reasons:

☐ Public Interest Purpose: The information sought will contribute significantly to public understanding of [________________________________] and will be disseminated to the public through [________________________________].

☐ News Media Purpose: I am a journalist/reporter for [________________________________] and the information will be used for publication/broadcast to inform the public.

☐ Nonprofit/Educational Purpose: I represent [________________________________], a nonprofit organization, and the records are sought for [________________________________] purposes.

☐ Government Oversight Purpose: The records are sought to evaluate government performance, compliance, or accountability regarding [________________________________].

☐ Indigency: I am unable to afford the estimated fees of $[____] and disclosure serves the public interest.

☐ Other: [________________________________]

Supporting Facts

[________________________________]

[________________________________]

I am willing to narrow the scope of my request if doing so would reduce costs while still meeting my informational needs. Please contact me to discuss alternatives if a full waiver is not possible.

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

SECTION 11: DOCUMENTATION CHECKLIST

Pre-Submission Checklist

☐ Identified the correct legal custodian for the records (Wis. Stat. s. 19.33)
☐ Confirmed the authority maintains the records sought
☐ Drafted a reasonable description of the records requested
☐ Specified a date range for the request
☐ Specified the desired format for production (electronic, paper, inspection)
☐ Included requester's name and contact information
☐ Set a fee cap and included fee limitation language
☐ Included fee waiver request (if applicable)
☐ Referenced the Wisconsin Public Records Law (Wis. Stat. ss. 19.31-19.39)
☐ Reviewed the request for clarity and completeness
☐ Made a copy of the request for your records
☐ Sent the request via certified mail, email, or hand delivery
☐ Noted the date of submission for timeline tracking

Post-Submission Tracking Checklist

☐ Logged the date the request was submitted: [__/__/____]
☐ Logged the method of delivery: [________________________________]
☐ Logged the date acknowledgment was received (if any): [__/__/____]
☐ Logged any interim communications or status updates
☐ Logged the date records were produced: [__/__/____]
☐ Reviewed records for completeness and responsiveness
☐ Identified any records withheld and the stated basis for denial
☐ Reviewed any redactions for compliance with law
☐ Determined whether to appeal any denials or redactions
☐ Calculated total fees charged and verified against statutory limits
☐ Filed all correspondence and records for future reference

Appeal Preparation Checklist

☐ Reviewed the denial letter for compliance with Wis. Stat. s. 19.35(4)(b)
☐ Identified the specific legal basis cited for each denial
☐ Researched the cited exemptions and applicable case law
☐ Determined whether the balancing test was properly applied
☐ Assessed whether segregable portions were released
☐ Drafted appeal/reconsideration letter
☐ Sent follow-up or reconsideration letter (if pursuing informal resolution)
☐ Consulted with an attorney regarding mandamus action (if applicable)
☐ Filed mandamus action in circuit court (if applicable)
☐ Preserved all correspondence and documentation related to the request

SECTION 12: KEY DIFFERENCES FROM FEDERAL FOIA

Comparison: Wisconsin Public Records Law vs. Federal FOIA

Notable Wisconsin-Specific Features

1. No Fixed Deadline: Wisconsin is one of few states without a specific numerical deadline for responding to requests. The "as soon as practicable" standard provides flexibility but can also lead to delays.

2. Balancing Test: The common-law balancing test is a distinctive feature of Wisconsin law, allowing custodians to withhold records based on a case-by-case weighing of public interests even when no specific statutory exemption applies.

3. Broad Definition of Authority: Wisconsin's law applies to virtually all governmental bodies, including the legislature, courts, and quasi-governmental entities.

4. No Requirement for Written Requests: Requests may be made orally or in writing, though written requests are recommended for documentation purposes. Wis. Stat. s. 19.35(1)(h).

5. Attorney General Advisory Role: The Attorney General may issue advisory opinions on the Public Records Law but has no enforcement authority. Wis. Stat. s. 19.39.

SECTION 13: STATE-SPECIFIC NOTES

Important Wisconsin-Specific Considerations

A. Notice Requirement for Certain Records (Wis. Stat. s. 19.356)

Before releasing records that contain information relating to an employee (including a contractor), the authority must provide written notice to the employee of its intent to release the record and allow the employee at least 5 business days to seek a court order restraining disclosure. This applies to records containing information about:
- Disciplinary investigations
- Employee misconduct
- Personnel matters

B. Oral Requests

Wisconsin law permits oral records requests (Wis. Stat. s. 19.35(1)(h)), though authorities may require a written request for complex or voluminous requests. For documentation and enforcement purposes, written requests are always recommended.

C. No Requirement to Create Records

Authorities are not required to create new records in response to a request. However, if a record exists in electronic format, the authority may be required to perform a search or query to extract responsive data. Wis. Stat. s. 19.35(1)(L).

D. Requester Identity

Authorities generally may not require identification from requesters. However, certain narrow categories of records (e.g., employee home addresses under s. 19.36(7)) may only be released to specific persons.

E. Third-Party Records and Contractors

Records maintained by private contractors performing governmental functions may be subject to the Public Records Law if they constitute records of the governmental authority. WIREdata, Inc. v. Vill. of Sussex, 2008 WI 69.

F. Legislative Records

Records of the Wisconsin Legislature and individual legislators are subject to the Public Records Law, though certain deliberative materials may be withheld under the balancing test. Wis. Stat. s. 19.32(1).

G. Local Ordinances

Municipalities and counties may not enact ordinances that restrict access to records beyond what is permitted by state law. The Public Records Law sets the minimum standard for openness.

H. Electronic Records and Databases

Under Wis. Stat. s. 19.35(1)(L), if a requester asks for data maintained in a database, the authority must provide the data in electronic format if the authority can do so by using existing computer programs.

SECTION 14: SOURCES AND REFERENCES

Primary Legal Sources

• Wisconsin Statutes Chapter 19, Subchapter II: Wisconsin Legislature
• Wis. Stat. s. 19.31 (Declaration of Policy): Statute Text
• Wis. Stat. s. 19.35 (Access to Records; Fees): Statute Text
• Wis. Stat. s. 19.36 (Limitations on Right to Access): Statute Text
• Wis. Stat. s. 19.37 (Enforcement and Penalties): Statute Text

Key Case Law

• Newspapers, Inc. v. Breier, 89 Wis.2d 417, 279 N.W.2d 179 (1979)
• Hempel v. City of Baraboo, 2005 WI 120, 284 Wis.2d 162
• WIREdata, Inc. v. Village of Sussex, 2008 WI 69, 310 Wis.2d 397
• Schill v. Wisconsin Rapids School District, 2010 WI 86, 327 Wis.2d 572
• Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, 341 Wis.2d 607
• Linzmeyer v. Forcey, 2002 WI 84, 254 Wis.2d 306
• Osborn v. Board of Regents, 2002 WI 83, 254 Wis.2d 266
• State ex rel. Ardell v. Milwaukee Board of School Directors, 2014 WI App 66

Government Resources

• Wisconsin DOJ Public Records Compliance Guide: DOJ Website
• Wisconsin Freedom of Information Council: WFOIC Website
• Wisconsin Legislative Council Information Memo on Public Records: Legislative Council

This template is provided for informational purposes only and does not constitute legal advice. Consult with a qualified Wisconsin attorney before submitting any public records request or pursuing legal action. Laws and procedures may change; verify all citations against current statutory text.