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Wisconsin’s Open Records Law gives requesters the right to request records from their government. After all, as the law states, “a representative government is dependent upon an informed electorate.” 

But how to get started? Under the law, “any person” can make a request for records from any Wisconsin state or local government agency or official, verbally or in writing. You don’t have to start from square one: There are many tools available to help you make requests and ensure you get the records you want with minimal fuss. 

The Wisconsin Freedom of Information Counsel has long posted a records request template on its website, wisfoic.org. It cites Wisconsin law and uses language to target your request and help you avoid surprise fees.

Many national groups also post letter generators online that can be used to make requests to state and local governments.  

For example, the Student Press Law Center, a nonprofit organization devoted to assisting student journalists, posts a heavily used letter generator, which is available for free and can be used to make requests.

An organization called MuckRock not only has a letter generator, but also allows users to post responsive records they receive on its website at muckrock.com. Here you can search through records others have received from all over the country.

Other groups post records they have received through their own open records and U.S. Freedom of Information Act requests.  

For example, a group called Reclaim the Records posts genealogical and historical records on its website, reclaimtherecords.org. The website governmentattic.org provides a searchable collection of oddball federal government records and reports.

Of course, this is in addition to records the government proactively publishes or posts online itself. A wealth of information is already available on Wisconsin agency and local government websites, or in local libraries. 

Federal agencies are even required to follow the “Rule of 3,” or make electronically available records that have been requested three or more times. The website data.gov contains more than 400,000 datasets, from what it describes as the home of the U.S. government’s open data.

In some cases, it may be easiest just to start with a phone call to the state or local agency that has the records you want. It may be able to send you the record on the spot, or help you understand available records to target your request.  

If you’re looking to better understand the law, the Wisconsin Department of Justice Office of Open Government posts numerous resources online, including its Public Records Compliance Guide, which is helpful for requesters and records custodians alike.  

A well-drafted records request is useful for everyone: It can help requesters get the records they want, in less time, and at a lower cost. It can also help custodians find records more easily, freeing them up to respond to others’ requests and carry out other duties.

But the most important tip is to not be intimidated by the process: There are no magic words required to trigger your right to get records, and the law must be interpreted broadly in favor of access.

Wisconsin’s Open Records Law, by design, makes it easy to get records, to fulfill its important objective of informing the electorate. Don’t hesitate to exercise your right to use it.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Christa Westerberg is the group’s vice president and a partner at the law firm Pines Bach LLP.

Your Right to Know: How to jump-start your records requests is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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In 2018, a mobile home park owner in Stevens Point lost his operator’s license after submitting falsified drinking water samples to the state, purportedly leaving longtime residents of the park at risk of consuming excess iron and manganese. He appealed.

In 2022, the Wisconsin Department of Natural Resources authorized the spreading of human waste on farmland in Vilas County. A nearby Indigenous tribe contested the permit when it became apparent the state hadn’t included sufficient setbacks from tribal land.

And in 2021, a wildlife rehabilitator in Frederic, Wisconsin, who also served as a local police chief, lost her rehabilitation license after a raccoon in her care — Gimpy — bit an employee. The rehabilitator appealed.

These cases, all of which went to administrative hearings, pit state regulatory authority against individual residents. That’s why I was interested in reading them in my role as an investigative reporter. But I learned vital information in these and other cases, nearly always the parties’ names and places of work, is missing. 

Wisconsin’s Division of Hearings and Appeals, the agency that oversees administrative hearings for several state departments, has taken to posting only heavily redacted records on its website. That means readers will often see black bars drawn through the names of people and businesses, state employees who evaluate permits and licenses, attorneys who represent parties and even newspapers that publish notices related to the cases.

Division Administrator Brian Hayes told me that last year’s passage of a state law prompted the DHA to evaluate how it posts personally identifying information on its website. That law enables judges to request that their personal information, including addresses and telephone numbers, be removed from public view. 

The DHA, Hayes said, extended this protection to witnesses and petitioners, saying disclosing this information “needlessly opens up litigants to scams and stalkers.”

Hayes noted, however, that personally identifying information likely would have to be released to someone who submitted a records request for unaltered documents.

So I submitted one.

It took two months and the assistance of an attorney to wrestle the name of Gimpy’s owner from the agency. (Gimpy, however, was named.) The employees I encountered in this process offered a moving target of justifications.

First, DHA’s records custodian said she can provide unredacted documents only to parties to a case and suggested that I request the redacted version. I pointed out that the law requires her to either release the requested record or offer a legal justification for withholding it.

Another employee cited Wisconsin’s 1980 victims’ rights law, which provides a bill of rights for witnesses and victims of crime. The problem with this excuse is that the protections are situated in Wisconsin criminal code, not licensing.

In the end, I received unredacted records in the raccoon case and an apology from DHA for the difficulties I encountered in obtaining this information. But I still am moved to question the will to secrecy at the heart of this matter.

In fact, many of these cases involve public hearings. Anyone who attended could presumably observe witnesses and evidence — or see the names of parties on public notices state agencies post to announce hearing schedules.

When protective laws are zealously applied to contexts for which they were not intended, it can cause its own form of harm. The public is circuitously deprived of information related to potentially unscrupulous activity on the part of both individuals and government.

It shouldn’t take an attorney to pry open the gates for administrative decisions, even if the state means well.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Bennet Goldstein is an investigative reporter with Wisconsin Watch.

Your Right to Know: The problem with the will to secrecy is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.