Jefferson Banner - Opinion
John Foust - JDC

 

October 22, 1999

Wisconsin Attorney General
ATTN: Alan Lee
P.O. Box 7857
Madison, WI 53707-7857

Dear Mr. Lee:

Thank you so much for answering my questions regarding the open records laws yesterday. I have tried to summarize our telephone conversation of October 21, 1999 which occurred at approximately 10:20 a.m.

Q: Is there compliance guide for open records available similar to the 1996 compliance guide for open meetings?

A: No. A compliance guide does not exist for open records. You have to refer to the Wisconsin Statutes for the information.

Q: Do the original notes of a meeting have to be maintained if the notes are only used by the originator to produce the minutes which are then public records?

A: No.

Q: Can we put all information in the public library and then not have to provide it to a requester?

A: No, that is counter to the intent of the open records law.

Q: I understand all personnel files of public employees are open as per the Supreme Court in the Woznicki case. If my paycheck is not from the city and I don't receive city pension, city insurance or city benefits, and am not considered a city employee, am I a public employee and are my personnel files required to be open?

A: No.

Q: If telephone bills are not paid by my organization and the records are maintained by another organization (chamber of commerce) are those records open?

A: If the chamber pays the bills and maintains the records, the chamber would be the organization which would have to provide those records. If the chamber is not required to follow open records, the records are not open.

If I have made any mistakes or misinterpretations, please contact me as soon as possible to clear them up as I plan to use your answers to respond to an open records request.

Once again, thank you for your guidance and professionalism.

Sincerely,

DAVID OLSEN
Executive Director