67 Op. Att'y Gen. 12 | Wis. Att'y Gen. | 1978
GERALD K. ANDERSON, District Attorney, Waupaca County
You request my opinion whether the sheriff's radio log and other intradepartmental documents kept by the sheriff are public records subject to inspection and copying by the general public.
It is my opinion that they are public records within the meaning of sec.
Section
". . . All such officers shall keep such offices open during the usual business hours each day . . . and with proper care shall open *13 to the examination of any person all books and papers required to be kept in his office and permit any person so examining to take notes and copies of such books, records, papers or minutes therefrom." (Emphasis added.)
I am of the opinion that the words "required to be kept" are used in the restrictive sense, that is, "required by law to be kept." If an express statute requires the sheriff to keep a certain book or document in his office, there is a clear right of inspection and copying in any person. The register of prisoners committed to jail, sheriff's docket, daily jail records and cash books are examples of books or papers required by law to be kept in his office. See sec.
In 41 Op. Att'y Gen. 237 (1952), it was stated that notwithstanding secs.
The most recent case involving county records does not mention sec.
Subsections (1) and (2) of sec.
"Each and every officer of the state, or of any county, town, city, village, school district, or other municipality or district, is the legal custodian of and shall safely keep and preserve all property and things received from his predecessor or other persons and required by law to be filed, deposited, or kept in his office, or which are in the lawful possession or control of himself or his deputies, or to the possession or control of which he or they may be lawfully entitled, as such officers.
"Except as expressly provided otherwise, any person may with proper care, during office hours and subject to such orders or regulations as the custodian thereof prescribes, examine or copy any of the property or things mentioned in sub. (1). Any person may, at his own expense and under such reasonable regulations as the custodian prescribes, copy or duplicate any materials, including but not limited to blueprints, slides, photographs and drawings. Duplication of university expansion materials may be performed away from the office of the custodian if necessary." (Emphasis added.)
The radio logs and intradepartmental documents you refer to are in the lawful possession of the sheriff or his deputies. I am unaware of any statute which would make the documents confidential or absolutely privileged. Section
This does mean however, that the documents are subject to automatic or full disclosure. The sheriff as custodian has a right and duty to determine whether there is a public interest in withholding partial or total inspection which is paramount to the stated statutory public interest permitting inspection. In such case such officer must give specific reasons for refusal, and the person seeking inspection can then resort to a mandamus action to test the reason. 63 Op. Att'y Gen. 400, 405-406 (1974), contains a summary of the criteria to be *15 considered by the custodian in making a determination to permit or deny public access to records. Please refer to that opinion and to 65 Op. Att'y Gen. 31 (1976). The pendency of criminal prosecution or the investigation of incidents which might result in prosecution would in most cases justify denial of inspection on a case-by-case basis. Denial may also be appropriate where there are unsubstantiated charges which might unduly harm the person or persons involved, if disclosed. Care must also be taken to guarantee an accused a fair trial.
You also inquire:
Are there ". . . any restraints on a Sheriff or Police Department voluntarily discussing the results of blood tests taken from deceased automobile drivers, where in a specific case the investigation appears to be concluded, and there is a great curiosity in the community as to the results of the activities of the deceased driver as they relate to the cause of the fatal accident? "
Neither sec.
It is my opinion that the sheriff has a duty as custodian of the test report document to determine whether there is a public interest in withholding inspection which is paramount to the provision in sec.
In 59 Op. Att'y Gen. 226 (1970), it was stated that blood test records in the hands of the coroner are public records subject to inspection and copying under sec.
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