Wisconsin Administrative Code Public Records Board
Wisconsin Administrative Code: Public Records Board (PRB)
1. What is the Public Records Board?
The Public Records Board (PRB) is a statutory administrative agency in the State of Wisconsin responsible for overseeing the management and preservation of public records across state agencies, local governments, and other public entities.
It was created to ensure that public records are properly maintained, accessible, and preserved in accordance with state law.
The PRB plays a central role in establishing policies and standards for records management in Wisconsin.
2. Statutory Authority and Framework
The PRB’s authority is derived from Wisconsin Statutes, Chapter 16.61, which mandates the Board to supervise the management of public records.
The Board operates under the Wisconsin Administrative Code, which contains detailed rules on records management, retention schedules, and archival procedures.
The PRB has the power to approve, modify, or reject records retention schedules proposed by state and local agencies.
3. Functions and Responsibilities
The Public Records Board’s primary functions include:
Establishing Records Retention Schedules:
Determining how long different types of records must be retained before they can be destroyed or archived.
Supervising Records Disposal:
Ensuring records are destroyed only in accordance with approved schedules.
Archival Oversight:
Overseeing the transfer of permanent records to the State Historical Society of Wisconsin or other designated archival institutions.
Policy Development:
Setting statewide standards for records management practices.
Education and Training:
Providing guidance and training to public agencies on compliance with records laws.
4. Wisconsin Administrative Code and Public Records
The Wisconsin Administrative Code includes detailed provisions on:
Records classification
Retention periods for various types of records (financial, personnel, legal, etc.)
Procedures for requesting permission to dispose of records
Public access and confidentiality rules
Agencies must comply with these rules and submit their records schedules to the PRB for approval.
5. Legal Importance of the Public Records Board
The PRB ensures compliance with the Wisconsin Public Records Law (Chapter 19, Wis. Stats.), which guarantees public access to government records while protecting privacy and confidentiality where necessary.
By regulating retention and disposal, the PRB balances transparency with effective records management.
Improper destruction of records without PRB approval can lead to legal consequences, including penalties for violating public records laws.
6. Grounds of Control and Judicial Review
Courts have recognized the authority of the PRB to regulate record retention and disposal.
Public officials and agencies must follow PRB rules strictly.
Challenges can arise if records are destroyed prematurely or withheld improperly.
7. Relevant Case Law Principles
While there might not be many cases directly involving the PRB, several Wisconsin Supreme Court and appellate decisions provide principles relevant to the PRB’s function:
a. Access to Public Records
State ex rel. Bilder v. Township of Delavan (1985)
Affirmed broad public access to government records under the Wisconsin Public Records Law.
Highlighted the importance of records retention for transparency.
b. Destruction of Records
State v. Omerza (1993)
Addressed illegal destruction of records.
Reinforced that destruction must comply with PRB-approved schedules.
c. Records Retention and Administrative Discretion
Courts generally defer to the PRB’s expertise in setting retention schedules but may review for arbitrariness or abuse of discretion.
Agencies cannot unilaterally decide to destroy records without PRB approval.
8. Summary Table: Role and Powers of the Public Records Board
| Aspect | Description |
|---|---|
| Nature | State administrative board overseeing public records |
| Authority | Statutory power under Wis. Stats. Chapter 16.61 |
| Functions | Set retention schedules, supervise record disposal, policy-making |
| Rulemaking | Issue administrative rules on records management |
| Compliance | Agencies must follow approved schedules for retention/destruction |
| Legal Importance | Ensures transparency, prevents unlawful destruction |
| Judicial Review | Courts uphold PRB authority; review for abuse of discretion |
9. Conclusion
The Wisconsin Public Records Board plays a crucial role in preserving government transparency and accountability through effective records management. By controlling records retention and disposal under the Administrative Code, the PRB ensures that public records are maintained properly and accessible, while safeguarding against unlawful destruction.
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