Open Record Requests
Wisconsin public records laws and City of Mequon Municipal Code authorizes requesters to inspect or obtain copies of records maintained by government authorities.
What is a “record”?
A record is 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 in connection with official purpose or function of the agency. A record includes handwritten, typed or printed documents; maps and charts; photographs, films and tape recordings; computer tapes and printouts, CDs and optical discs; and electronic records and communications.
What is not subject to Wisconsin’s Open Records Law?
There are numerous federal and state laws that exempt particular records from disclosure. Common exemptions include:
- Drafts, notes, preliminary documents and similar materials
- Purely personal property with no relation to the office
- Material with access limited due to copyright, patent or bequest
- Computer programs (but the material input and the material produced as the product of a computer program is subject to the right of inspection and copying)
- Certain employee information
- Published material available for sale or at the library
Who can make an open records request?
Generally, any person may make an open records request. Wisconsin statutes limit access when the requestor is incarcerated or mentally committed to records that contain specific references to the requestor or his or her minor children.
Who do I submit my request to?
All requests for documents, excluding Police and Fire records, should be submitted to the City Clerk, Caroline Fochs.
Police records must be requested from the Police Department.
Do I have to identify myself when making the request?
No. Generally the requestor need not identify himself or herself.
Am I required to state the reason for my request?
No. A requester is not required to state the purpose of the request.
Can I inspect records?
Yes. Upon request, city staff will make the requested records available to you to inspect.
Can I request copies of records?
Yes copies of open records can be provided at the cost of 0.25/page for black and white 8 ½ by 11.
How long until I receive the requested records?
By law, open records must be provided “as soon as practicable and without delay.” Wis. Stat. §19.35(4)(a). The City of Mequon has the goal to produce materials within ten business days. A large, detailed request may take longer.
Can I obtain Police records?
Please contact the Police Department directly for any police-related records.
Can I get electronic records?
Electronic records are subject to the open records law. Computer programs are not subject to the open records law, but records produced as the product of a computer program are subject to inspection and copying. A request can not require staff to create a new record by extracting and compiling information from existing records in a new format. When information is stored in a database, a person can “within reasonable limits” request a data run to obtain the requested information.
What is the cost of requesting records?
City staff charges the actual, necessary and direct costs for copies of records, which are as follows:
- Location costs. When the cost of locating a record exceed $50.00, the actual, necessary and direct cost of locating the record will be charged. See Wis. Stat. § 19.35(3)
- Copying costs. $0.25 per page for the copying of customary and ordinary 8½ by 11 hard copy records.
- Mailing costs. The actual, necessary and direct cost of mailing or shipping of copies of records shall be paid by the requestor.
For more information on open record requests, see DOJ Compliance Guide.
