823 Access to Public Records

The Board of Education believes that it is in the best interest of the school district, its employees and general public, to provide the greatest possible access to information regarding affairs of government and the official records of the school district, its officers and employees.

The Board of Education recognizes that it is the representative of the public and that the release of information to the public is an essential function of representative government.

The Board of Education further recognizes that an integral part of the routine duties of officers and employees shall be the responsibility to provide access to information concerning the affairs and records of the school district.

Designation of Public Records. The Board of Education recognizes and designates all of its records as defined by Section 19.32(2) Wisconsin Statutes, as public records and documents subject to release, inspection and reproduction as required by law.

Designation of Official Legal Custodian of Records. The Board of Education designates the positions of Superintendent and/or Business Administrator as the official legal custodian(s) of the Public records of the school district. It shall be the responsibility of individuals in those positions to execute all duties and responsibilities of the school district pursuant to Wisconsin’s Public Records and Property Law.

The legal custodian shall be responsible for timely responses to requests for access to public records of the school district. The legal custodian shall be sole responsible for the release of public records, the conditions under which records may be inspected, and the collection of costs for the location or reproduction of such records.

Powers of the Official Legal Custodian of Records. All requests for release, inspection and/or reproduction of public records shall be directed or referred to the official legal custodian(s).

The official legal custodian is vested with full legal power to make all necessary decisions relative to release, inspection and reproduction of public records and further granted authority necessary to carry out all duties and responsibilities required by law (Sec. 19.31-19.30 WI Statutes).

Notice and Procedure for Responding to Reproduction of Records. The Board of Education directs that the general public and all employees entrusted with records subject to legal custodian supervision, be informed by written notice that the Superintendent and/or Business Administrator are designated as the official legal custodian(s) of school district records. Such notice shall include all necessary information that might be required by an employee or member of the public in order to obtain access to the records of the school district. Copies of such notice shall be prominently displayed in appropriate locations throughout the school district.

Adoption of Fee Schedule. A fee schedule regarding costs for the location and/or reproduction of public records shall be prepared and distributed to all who request such information. It is intended that the fee schedule shall cover payment of the actual, necessary and direct costs incurred in locating a document, or in providing any person with a reproduction of any records of the school district. This schedule shall be reviewed annually by the legal custodian(s) and adjusted as the need arises.

Preservation of Records. The records of the school district shall be retained and preserved by the official legal custodian(s) as required by applicable laws and the records retention scheduled adopted by district and approved by the Board of Education, and no records shall be destroyed without prior written approval of the legal custodians(s).

No record of the school district shall be destroyed after receipt of a request for such record until after the request is granted, or until any dispute concerning the request has been completely and finally resolved.

Indemnification of Official Legal Custodian. Any costs or fees incurred by the official legal custodian(s) shall be directly reimbursed by the school district, and shall not be treated as personal liability of the custodian.

Legal Ref: Chapter 19, sub chapters II and IV, Section 120.12(28) WI Statutes

Approved: 8-13-91

Revised: 9-21-03