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.
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