How to File a Public Records Request in DeForest, Wisconsin

What Is the Wisconsin Open Records Law?

The Wisconsin Open Records Law, Wis. Stat. §§ 19.31–19.39, is the state's primary transparency statute. It declares as public policy that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of officers and employees who represent them. The law requires that it be construed in every instance with a presumption of complete public access, and that denial of public access is generally contrary to the public interest.

The law applies broadly to state and local offices, elected officials, agencies, boards, commissions, and any public body created by constitution, statute, ordinance, rule, or order. This includes the Village of DeForest and all its departments. Any requester — Wisconsin resident or not — may inspect or copy public records without stating a reason. Records covered include meeting minutes, ordinances, contracts, permits, emails, budgets, police reports, inspection reports, and virtually any document created or held by a government authority.

Exemptions exist for categories including certain law enforcement investigative records, confidential informant identities, trade secrets, attorney-client privileged communications, and records where the public interest in nondisclosure outweighs the interest in disclosure. When only part of a record is exempt, the remainder must still be released. The burden is on the authority to justify withholding, not on the requester to justify access.

Read the full text of the Wisconsin Open Records Law (Wisconsin Statutes §§ 19.31–19.39)

How to File a Public Records Request with the Village of DeForest

How to Submit Your Request

Public records requests for the Village of DeForest are handled through the Village Clerk's Office, led by Village Clerk Calli Lundgren. The Wisconsin Open Records Law does not permit any authority to require a specific form for submitting requests, so you may submit your request in writing by email, mail, or in person during regular office hours. Email is the most efficient method. Address your request to lundgrenc@deforestwi.gov, or mail or deliver it to Village Hall at 120 South Stevenson Street, DeForest, WI 53532. Your request should clearly identify and describe the records you are seeking with enough specificity to allow the clerk to locate them. You are not required to state your reason for requesting records or to identify yourself. Written requests are strongly recommended so that any denial must also be provided in writing.

What to Include in Your Request

• A clear description of the records you are seeking, including dates, topics, or parties involved
• The preferred format for receiving records (electronic/PDF, paper copies, or in-person inspection)
• Your contact information: name, email address, and/or mailing address for the response
• A specific date range or subject-matter limitation to narrow the request and reduce costs
• A request for a fee estimate before production if the request may generate significant copying costs
• A citation to the Wisconsin Open Records Law, Wis. Stat. §§ 19.31–19.39, to establish the legal basis for your request

Response Deadlines and What to Expect

Unlike many states, Wisconsin does not set a specific calendar deadline for responding to public records requests. Instead, Wis. Stat. § 19.35(4)(a) requires that an authority fill or deny a request 'as soon as practicable and without delay.' Wisconsin courts have held that what constitutes a reasonable time depends on the nature and complexity of the request, the staff and resources available, and the volume of records involved. Wisconsin Executive Order #189 sets an administrative expectation that state agencies respond to simple, straightforward requests within ten working days — this standard is widely used as a benchmark for local governments as well.

A response means either providing the records, providing partial records with written explanation for any withheld portions, or denying the request with a written statement citing a specific statutory or common-law basis for the denial. If your request was made in writing, any denial must be in writing and must inform you of your right to seek review by mandamus under Wis. Stat. § 19.37(1) or by application to the Attorney General or a local district attorney.

Fees may be charged for reproduction, transcription, photographing, locating records (only when total location costs reach $50 or more), and mailing. All fees must reflect only the actual, necessary, and direct cost under Wis. Stat. § 19.35(3). If total fees will exceed $5.00, the Village may require prepayment. For simple requests involving electronic records, there may be no cost at all. If a prolonged delay occurs without explanation, it may be treated as a constructive denial and can form the basis for legal action.

What to Do If Your Request Is Denied or Delayed

Receiving a denial or experiencing an extended silence on your records request can be frustrating, but Wisconsin law gives you meaningful tools to respond.

Denials must be specific. Under Wis. Stat. § 19.35(4), any written denial must identify the specific statutory or common-law basis for withholding the record. A vague or boilerplate denial is legally insufficient. If you receive a denial that doesn't cite a specific provision of law, push back in writing and ask for clarification.

Common reasons for denial include the balancing test (the custodian argues the public interest in nondisclosure outweighs the interest in disclosure), statutory exemptions (e.g., law enforcement investigative records, attorney-client privilege, trade secrets), or claims that a request is insufficiently specific or unreasonably burdensome. Even when a denial is legitimate, any portion of a record that is not subject to an exemption must still be released.

If you are experiencing an unexplained delay, send a follow-up communication to the Village Clerk in writing, reminding the Village of its obligation to respond 'as soon as practicable and without delay' under Wis. Stat. § 19.35(4)(a). An unreasonable delay that is not explained in good faith may be treated as a constructive denial.

For informal guidance, any person may contact the Wisconsin Department of Justice's Office of Open Government, which answers public questions about the open records and open meetings laws and may provide assistance in resolving disputes. You may also contact the Dane County District Attorney.

For formal enforcement, you must file a petition for writ of mandamus in Dane County Circuit Court under Wis. Stat. § 19.37(1). If you prevail in whole or substantial part — meaning you obtain a judicially sanctioned change in the parties' legal relationship — the court shall award reasonable attorney fees and damages of not less than $100 under Wis. Stat. § 19.37(2). Note that under the Wisconsin Supreme Court's 2022 ruling in Friends of Frame Park v. City of Waukesha, voluntary compliance by the Village after suit is filed, but before a court order is issued, is not sufficient to trigger the fee-shifting provision; a court order is required.

Steps to Appeal

1. Send a written follow-up to the Village Clerk citing Wis. Stat. § 19.35(4)(a) and requesting an immediate response or a specific timeline.
2. If denied, review the written denial carefully and confirm it cites a specific statutory or common-law basis; request clarification in writing if it does not.
3. Contact the Wisconsin Department of Justice Office of Open Government (608-266-1221) for informal guidance and assistance.
4. Contact the Dane County District Attorney's Office and request they review the denial under Wis. Stat. § 19.37(1)(b).
5. Contact the Wisconsin Attorney General's Office under Wis. Stat. § 19.39, which allows any person to request advice from the Attorney General on the applicability of the open records law.
6. File a petition for writ of mandamus in Dane County Circuit Court under Wis. Stat. § 19.37(1)(a) to compel disclosure.
7. If you prevail in whole or substantial part through a court order, the court shall award reasonable attorney fees and minimum damages of $100 under Wis. Stat. § 19.37(2); if the denial was arbitrary or capricious, a forfeiture of up to $1,000 may also be assessed.

Types of Records You Can Request from DeForest, Wisconsin

The Village of DeForest generates and maintains a wide variety of public records across its departments. Below are common record types that residents, journalists, researchers, and civic organizations frequently request from Wisconsin municipalities.

• Village Board meeting minutes, agendas, and packets
• Ordinances and municipal code amendments
• Village budgets, audit reports, and financial statements
• Contracts and agreements between the Village and vendors or contractors
• Building permits, inspection reports, and zoning applications
• Land use records, subdivision plats, and development agreements
• Police department incident reports and daily arrest logs (subject to law enforcement exemptions)
• Village staff salaries and payroll records
• Grant applications and award documentation
• Public works project records, including bids and change orders
• Correspondence and emails of Village officials related to government business
• Elections and voting records held by the Village Clerk
• Environmental compliance records and utility reports
• Village employee records (aggregate and non-exempt portions)
• Community development and planning commission records

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Village of DeForest to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in DeForest