§ 2-518. Limitations on right to access.

(a)

As provided by Wis. Stats. § 19.36, the following records are exempt from inspection under this chapter:

(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 is subject to inspection; and

(4)

Pursuant to Wis. Stats. § 905.08, a record or any portion of a record containing information qualifying as a common law trade secret. The term "trade secrets" means unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for making, preparing, compounding, treating or processing articles, materials or information which are obtained from a person and which are generally recognized as confidential.

(b)

As provided by Wis. Stats. § 43.30, public library circulation records are exempt from inspection under this section.

(c)

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 determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the request 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 Wis. Stats. § 19.85(1)(a), records of current deliberations after a quasi-judicial hearing.

(3)

Pursuant to Wis. Stats. § 19.85(1)(b) and (c), records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline or any village officer or employer, or the investigation of charges against a village officer or employee, unless such officer or employee consents to such disclosure.

(4)

Pursuant to Wis. Stats. § 19.85(1)(d), records concerning current strategy for crime detection or prevention.

(5)

Pursuant to Wis. Stats. § 19.85(1)(e), 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 Wis. Stats. § 19.85(1)(f), 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 Wis. Stats. § 19.85(1)(g), 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 Wis. Stats. § 905.03.

(8)

Pursuant to Wis. Stats. § 19.85(1)(h), requests for confidential written advice from an ethics board, and records of advice given by such ethics board on such requests.

(d)

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.

(Code 1984, § 2-9-6)

State law reference

Limitations, Wis. Stats. § 19.36; exemptions, Wis. Stats. § 19.85.