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2006 Wisconsin Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagwi0003 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE PEGGY A. LAUTENSCHLAGER 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison, WI 53707-7857 Daniel P. Bach Deputy Attorney General OAG-1-06 August 3, 2006 Mr. James R. Warren Administrator Division of Criminal Investigation 17 West Main Street Madison, WI 53707 Dear Mr. Warren: As Administrator of the Division of Criminal Investigation (DCI), you have been asked to respond to requests under the public records law for records related to investigations of the legislative caucuses and the Milwaukee County pension matter. Investigators interviewed public employees and public officials as part of both investigations. Section 19.356(2)(a) of the Wisconsin Statutes requires that authorities' provide notice to a record subject before releasing certain records. The record subject then has the right to challenge the decision to release those records in court. Sec. 19.356(4), Wis. Stats. Another section of the law provides that an authority must provide notice before releasing records of public officials. Sec. 19.356(9), Wis. Stats. A public official may augment the record to be released but does not have the right to challenge the release in court. Id. You ask to what extent the law requires that you give notice. Section 19.356(1) provides: Except as authorized in this section or as otherwise provided by statute, no authority is required to notify a record subject prior to providing to a requester access to a record containing information pertaining to that record subject, and no 'Section 19.32(1) provides: Authority means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. H of ch. 229; a family care district under s. 46.2895; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001(3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11(3); or a formally constituted subunit of any of the foregoing.

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