How to File a Public Records Request in Fitchburg, Wisconsin

What Is the Wisconsin Open Records Law?

The Wisconsin Open Records Law (Wis. Stat. §§ 19.31–19.39), first enacted in 1982, declares it the public policy of the state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those who represent them. The law covers all state and local agencies, elected officials, boards, commissions, municipalities, and school districts.

Under Wis. Stat. § 19.35(1)(a), any requester has the right to inspect and copy any record that is not specifically exempted. A "record" is broadly defined as any material — written, printed, electronic, photographic, or otherwise — that has been created or is being kept by a government authority in connection with its official functions. This includes meeting minutes, contracts, permits, ordinances, emails related to city business, police incident reports, zoning applications, budget documents, and more.

Key exemptions include certain law enforcement investigative records, confidential informant identities, trade secrets, some personnel records, attorney-client privileged communications, and records specifically protected by state or federal statutes. When no explicit exemption applies, the records custodian must apply a balancing test, weighing the public interest in disclosure against any competing interest in nondisclosure. The burden of proof rests entirely on the government 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 City of Fitchburg

How to Submit Your Request

The City of Fitchburg asks requesters to complete an open records request form and submit it to the City Clerk's Office along with the appropriate public records search fee. The form and fee requirements are available at the official Open Records Requests page at fitchburgwi.gov. You may submit your completed form in person at 5520 Lacy Road, by mail, by fax at (608) 270-4212, or by email to clerk@fitchburgwi.gov. If you are requesting Police Department records — such as incident reports or arrest records — those must be submitted separately to the Fitchburg Police Department Records Bureau at (608) 270-4343 or records.bureau@fitchburgwi.gov. The Wisconsin Open Records Law does not permit an agency to require a specific form as a prerequisite to processing a request, so a written letter or email that clearly identifies the records sought is also legally sufficient.

Download Required Form

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, and/or email)
• A clear, specific description of the records you are seeking (document type, date range, subject matter, department)
• The preferred format for receiving records (electronic PDF, paper copies, inspection in person)
• A statement that you are making the request under the Wisconsin Open Records Law, Wis. Stat. §§ 19.31–19.39
• A fee threshold statement (e.g., notify you before charges exceed a specified dollar amount)
• The department or office you believe holds the records, if known
• For police records: the incident number, date, or parties involved to help locate the specific report

Response Deadlines and What to Expect

Unlike most states, Wisconsin does not set a fixed number of days for agencies to respond to public records requests. Under Wis. Stat. § 19.35(4)(a), the City of Fitchburg — like all Wisconsin authorities — must fill or deny a request "as soon as practicable and without delay." Wisconsin courts have interpreted this standard to mean that what constitutes a reasonable time depends on the nature and complexity of the request, the staff and resources available, and the extent of records involved. In practice, courts and agencies generally treat 10 business days as a reasonable benchmark for straightforward requests, though complex or voluminous requests may take longer.

A "response" under Wisconsin law means either (1) fulfilling the request by providing the records or making them available for inspection; (2) issuing a written denial that specifically cites the statutory or common law basis for withholding; or (3) notifying the requester of a delay and the reason for it. A custodian who simply states that records will not be produced until an uncertain future date may have that response treated as a denial.

Fees are governed by Wis. Stat. § 19.35(3). Agencies may charge only the actual, necessary, and direct cost of reproduction, transcription, locating records (when location costs reach $50 or more), and mailing. Electronic copies are often provided at little or no cost. Agencies may require payment in advance only when the estimated total fee exceeds $5.00. There is no residency requirement — any person, regardless of state of residence, may submit a request.

What to Do If Your Request Is Denied or Delayed

If the City of Fitchburg denies your open records request, the denial must be in writing and must specifically cite the statutory or common law basis for withholding each record or portion of a record, as required by Wis. Stat. § 19.35(4)(b). A vague or conclusory denial is itself potentially improper under Wisconsin law. Read the denial carefully — if it does not cite a specific legal basis, that is a meaningful deficiency you can raise.

Common reasons for denial include records protected by other statutes (such as certain personnel, law enforcement, or juvenile records), attorney-client privilege, the common law exception for prosecutor's files, and the public interest balancing test. If only part of a record is exempt, the remainder must still be released under Wis. Stat. § 19.36(6) — redaction is required, not wholesale withholding.

Delays can also be challenged. If the city has not responded within what you believe is a reasonable time, that unreasonable delay may be treated as a constructive denial and used as a basis for enforcement action.

Wisconsin does not have an administrative appeals process. Your options upon denial or unreasonable delay are to escalate through legal channels. If you prevail in whole or in substantial part in court, Wis. Stat. § 19.37(4) entitles you to an award of reasonable attorney fees, costs, and a minimum of $100 in damages. Agencies that arbitrarily or capriciously deny requests or charge excessive fees face forfeitures of up to $1,000.

Steps to Appeal

1. Contact the Fitchburg City Clerk directly and ask for written clarification or reconsideration of the denial, citing Wis. Stat. § 19.35(4)(b)'s requirement that denials identify specific legal grounds.
2. Contact the Wisconsin Department of Justice's Office of Open Government (wisdoj.gov) to seek informal advice or an advisory opinion — agencies generally comply with AG guidance, though opinions are not legally binding.
3. Submit a written complaint to the Dane County District Attorney's Office requesting that the DA file a mandamus action on your behalf under Wis. Stat. § 19.37(1).
4. Submit a written request to the Wisconsin Attorney General asking the AG to pursue a mandamus action — note the AG generally focuses on novel issues of statewide concern.
5. File your own action for a writ of mandamus in Dane County Circuit Court under Wis. Stat. § 19.37(1), asking the court to order the release of the requested records.
6. If you prevail in whole or in substantial part, the court shall award reasonable attorney fees, actual costs, and a minimum of $100 in damages under Wis. Stat. § 19.37(4).
7. If the agency arbitrarily or capriciously denied or delayed your request, or charged excessive fees, the court may also order a forfeiture of up to $1,000 under Wis. Stat. § 19.37(3).

Types of Records You Can Request from Fitchburg, Wisconsin

The Wisconsin Open Records Law covers virtually any record created or maintained by the City of Fitchburg in connection with its official functions. Below is a non-exhaustive list of the types of records commonly requested from Wisconsin municipalities.

• City Council and committee meeting minutes and agendas
• City ordinances, resolutions, and municipal code
• Building permits, zoning applications, and land use approvals
• City contracts, procurement records, and vendor agreements
• City budget documents, financial audits, and expenditure reports
• Police incident reports and arrest records (submitted separately to the Fitchburg Police Department)
• Fire Department incident reports and inspection records
• Code enforcement complaints and violation notices
• Employee compensation records and organizational charts
• City-owned property records and real estate transactions
• Planning and zoning maps, comprehensive plan documents, and development agreements
• City email correspondence related to official business
• Licenses issued by the City Clerk (liquor, operator, pet, etc.)
• Traffic engineering studies and public works project records
• Election records, campaign finance reports, and voter registration data

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

Tips for Effective Public Records Requests in Fitchburg