(A) Exempt records. The following records shall be exempt from inspection and reproduction:
(1) Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law;
(2) Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the state;
(3) Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program shall be subject to inspection;
(4) A record or any portion of a record containing information qualifying as a common law trade secret, per Wis. Stats. § 19.36(5); and
(5) Records naming or identifying any applicant for a position with the Village who has indicated in writing he or she does not wish the Village to reveal his or her identify except a final candidate for the position as defined in Wis. Stats. § 19.36(7).
(B) Denial of access because of harm to public interest. An authority may deny a request to inspect a record which is not specifically exempt from disclosure, in whole or in part, only if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Inspection may be denied, for example, when the requisite determination has been made and:
(1) The records were obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
(2) The record relates to current deliberations in a quasi-judicial hearing.
(3) The record relates to current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance or discipline of any village officer or employee, or the investigation of charges against a village officer or employee, unless such officer or employee consents to disclosure.
(4) The record relates to the formulation of current strategy for crime detection or prevention.
(5) The record relates to current deliberations or negotiations concerning the purchase of public property, investment of public funds, or other public business whenever competitive or bargaining reasons require nondisclosure.
(6) The record contains financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.
(7) The record contains communications between legal counsel for the village and any officer, agent or employee of the village, wherein advice is rendered concerning strategy with respect to current litigation in which the village or any of its officers, agents or employees is or is likely to become involved.
(8) The record is subject to any privilege created by Chapter 905 of the Wisconsin Statutes.
(C) Mixed records. If a record contains a mixture of information that may be made public and of information that may not be made public, the custodian shall provide the information that may be made public and delete the information that may not be made public from the record before permitting the record to be inspected. If an authority receives a request to inspect or copy a record that is in handwritten form or a record that is in the form of a voice recording which the authority is required to withhold or from which the authority is required to delete information under Wis. Stats. § 19.36(8)(b), because the handwriting or the recorded voice would identify an informant, the authority shall provide to the requester, upon his or her request, a transcript of the record or the information contained in the record if the record or information is otherwise subject to public inspection and copying under this chapter. If, in the judgment of the custodian, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing disclosure of the exempt material, the entire record shall be withheld from disclosure.
(Ord. 38-07, passed - -07)
Statutory reference:
Similar provisions, mixed records, see Wis. Stats. § 19.36(6)