STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record requester]
Your request for access to the following record of the Town of ________, ________ County, Wisconsin, is granted: [specifically describe record here].
The requested record is subject to the provisions of
s. 19.356, Wis. stats., as the record is [choose Option A, B, or C, as applicable]
(Option A) a record containing information relating to an employee that is created or kept by the Town and that is the result of an investigation into a disciplinary matter involving the employee or possible employment-related violation by the employee of a statute, ordinance, rule, regulation, or policy of the employee's employer.
(Option B) a record obtained by the Town through a subpoena or search warrant.
(Option C) a record prepared by an employer other than the Town that contains information relating to an employee of that employer, unless the employee authorizes the Town to provide access to that information.
Under
s. 19.356, Wis. stats., all of the following conditions apply to the grant of access to the requested records:
1. Within 3 days after making the decision to permit access, the Town will serve written notice of that decision on any record subject to whom the record pertains.
2. Within 5 days after receipt of the notice under paragraph 1, the record subject may provide written notification to the Town of his or her intent to seek a court order restraining the Town from providing access to the requested records.
3. Within 10 days after receipt of the notice under paragraph 1, the record subject may commence an action seeking a court order to restrain the Town from providing access to the requested record. If the record subject commences such an action, you may intervene in the action as a matter of right. If you do not intervene in the action, the Town will notify you of the results of the proceedings in the action.
4. The Town will not provide access to the requested record within 12 days of sending the notice under paragraph 1. In addition, if the record subject commences an action as described in paragraph 3, the Town will not provide access to the requested record during the pendency of the action. If the record subject appeals or petitions for review of a decision of the court or the time for appeal or petition for review of a decision adverse to the record subject has not expired, the Town will not provide access to the requested record until whichever of the following occurs first:
a. Any appeal is decided.
b. The period for appealing or petitioning for review expires.
c. A petition for review is denied.
d. The Town receives written notice from the record subject that an appeal or petition for review will not be filed.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note: Whenever a record request relates to an employee record, a determination must be made whether the record is of the type described in
s. 19.356 (2) (a) 1.,
2., or
3., Wis. stats., in which case, if the request is granted, notice must be given to the record subject and access cannot be provided to the record except as provided in
s. 19.356, Wis. stats., or if the record is of the type described in
s. 19.36 (10) or
(11), Wis. stats., in which case access must be denied.
If the record is not subject to
s. 19.356 (2) (a) 1.,
2., or
3., or
19.36 (10) or
(11), Wis. stats., but the record subject is a state or local elected official, the request is subject to
s. 19.356 (9), Wis. stats., and notice must be given to the record subject who is entitled to augment the record within 5 days of receipt of the notice. See the forms:
“Record subject” is defined in
s. 19.32 (2g), Wis. stats., as:
19.32 (2g) “Record subject” means an individual about whom personally identifiable information is contained in a record.
