Employee Matters

This column is prepared by staff from the Office of Human Resources. E-mail questions to benefits@ohr.wisc.edu or call 262-5650. For more information, visit http://www.bussvc.wisc.edu/ecbs/ecbs.html.

Employee Matters recently spoke with attorney John Dowling of Administrative Legal Services to learn what UW–Madison employees should know about public records requests.

Q: What is a public records request?

A: Wisconsin public records law provides that any requester may inspect and/or copy any record that is not specifically excepted by some provision of state or federal law. A request may be made by any individual. The identity and motive of the requester is irrelevant; no request may be denied because the person making it is unwilling to be identified or to state the purpose of the request. However, every request must reasonably describe the record or information requested. A request is generally not sufficient if it is not reasonably limited as to its subject matter or the period of time covered by the request.

Q: What information must be released as part of a public records request?

A: Any requester has a right to inspect a record and to make or receive a copy of a record. The term “record†is defined as any material on which written, drawn, spoken, visual or electromagnetic information is recorded or preserved.

“Record†does not include drafts, notes and other materials prepared for your personal use or prepared by you for your boss, or materials that are purely your personal property and have no relation to your office. Such materials need not be produced, even when specifically requested.

Q: What information cannot be released as part of a public records request?

A: The law provides some specific exceptions to the public records law, including:

• home address, home e-mail address, home telephone number or Social Security number of any state or university employee;
• information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment;
• student records covered by the Family Educational Rights and Privacy Act (Buckley Amendment);
• medical records and physician-patient communications;
• information relating to specific employees that is used for staff management planning, including performance evaluations or other comments or ratings relating to employees.

Any decision to deny a public records request should be confirmed with Administrative Legal Services, because an arbitrary and capricious denial or delay could expose the custodian of public records to punitive damages and a $1,000 forfeiture.

Q: Where can I go for further information?

A: Administrative Legal Services has available a general memorandum providing advice and guidance regarding public records requests at http://www.wisc. edu/legal/PubRecordsReq.pdf. The staff of Administrative Legal Services is available to provide more specific legal guidance whenever required or desired. Call the office at 263-7400 with questions or if faced with an issue that is not directly addressed in the posted guidelines.