§ 1.24. LIMITATIONS ON RIGHT TO ACCESS .  


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  • (1)

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

    (a)

    Records specifically exempted from disclosure by State or federal law or authorized to be exempted from disclosure by State law.

    (b)

    Any record relating to investigation 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.

    (c)

    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 the right of examination and copying, except as otherwise provided by § 19.35(1), Wis. Stats., or this chapter.

    (d)

    A record or any portion of a record containing information qualifying as a common law trade secret.

    (2)

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

    (3)

    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 Corporation Counsel, may deny the request, in whole or in part, only if he determines the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples for which disclosure may be refused include, but are not limited to, the following:

    (a)

    Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

    (b)

    Records of current deliberations after a judicial or quasi-judicial trial or hearing.

    (c)

    Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance or discipline of any County officer or employee or the investigation of charges against a County officer or employee, unless such officer or employee consents to such disclosure.

    (d)

    Records concerning current strategy for crime detection or prevention.

    (e)

    Records of current deliberations or negotiations on the purchase of County property, investing of County funds or other County business whenever competitive or bargaining reasons require nondisclosure.

    (f)

    Records concerning consideration of 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.

    (g)

    Communications between legal counsel for the County and any officer, agent or employee of the County, when advice is being rendered concerning strategy with respect to current litigation in which the County or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under § 905.03, Wis. Stats.

    (4)

    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 Corporation Counsel prior to releasing any such record and shall follow the guidance of the Corporation Counsel when separating out the exempt material. If in the judgment of the custodian and the Corporation Counsel 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.