A. Records Exempt From Inspection: Although not intended to be exhaustive, the following list of records is exempt from inspection under this chapter pursuant to section 19.36, Wisconsin statutes and other applicable law:
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 and files, although the material used as input for a computer program/file or the material produced as a product of the computer program is subject to inspection.
4. A record or any portion of a record containing information qualifying as a common law trade secret.
5. Information maintained, prepared, or provided by the village concerning the home address, home electronic mail address, home telephone number, or social security number of an employee or an individual holding local public office, unless the employee or individual holding local public office authorizes the village to provide access to such information. This exception does not apply to the home address of an individual who holds an elective public office or to the home address of an individual who, as a condition of employment, is required to reside in a specified location.
6. Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to the disposition of the investigation.
7. Information pursuant to the employee's employment examination, except an examination score if access to the score is not otherwise prohibited.
8. Information pertaining to one or more specific employees that is used by the village for staff management planning, including performance evaluations, judgments, or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference or other comments or ratings relating to employees.
9. A record prepared or provided by an employer, performing under a contract requiring the payment of prevailing wages, containing an employee's personally identifiable information.
B. Public Library Circulation Records: As provided by section 43.30, Wisconsin statutes, public library circulation records are exempt from inspection under this section.
C. Records Which May Be Exempt Under Balancing Test: In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the village attorney, may deny the request, 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. Examples of matters for which disclosure may be refused include, but are not limited to, the following:
1. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
2. Pursuant to section 19.85(1)(a), Wisconsin statutes, records of current deliberations after a quasi-judicial hearing.
3. Pursuant to sections 19.85(1)(b) and (c), Wisconsin statutes, records of 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 such disclosure.
4. Pursuant to section 19.85(1)(d), Wisconsin statutes, records concerning current strategy for crime detection or prevention.
5. Pursuant to section 19.85(1)(e), Wisconsin statutes, records of current deliberations or negotiations on the purchase of village property, investing of village funds, or other village business whenever competitive or bargaining reasons require nondisclosure.
6. Pursuant to section 19.85(1)(f), Wisconsin statutes, 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. Pursuant to section 19.85(1)(g), Wisconsin statutes, communications between legal counsel for the village and any officer, agent or employee of the village, when advice is being 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, or communications which are privileged under section 905.03, Wisconsin statutes.
8. Pursuant to section 19.85(1)(h), Wisconsin statutes, requests for confidential written advice from an ethics board, and records of advice given by such ethics board on such requests.
D. Modifying Records To Separate Exempt From Nonexempt Information: If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The custodian shall confer with the village attorney prior to releasing any such record and shall follow the guidance of the village attorney when separating out the exempt material. If, in the judgment of the custodian and the village attorney, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure. (Ord. 2005-1, 2-21-2005)