2.08 Public Records

Title: Public Records
Number: BP 2.08
Adopted: March 2015
Reviewed: February 2020
Revised: February 2020

Nicolet Area Technical College is a vocational, technical and adult education district created and established pursuant to Chapter 38, Wisconsin Statutes.  The College is subject to the requirements of the Wisconsin Public Records and Property Law (Sec. 19.31 – Sec. 19.39 Wis. Stats.), and recognizes that designated employees of the College should have the responsibility to provide access to information concerning the public records of the College.

The following policies relating to the release, inspection and reproduction of public records and property are as follows:

  1. DESIGNATION OF PUBLIC RECORDS.  The College recognizes and designates public records as defined by Section 19.32(2), Wis. Stats., as public records and documents subject to release, inspection and reproduction as required by law.
  2. DESIGNATION OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  The College designates the Vice President of Administration as the official legal custodian of the Public Records and the Registrar as the official legal custodian of Student Records.  It shall be the responsibility of these individuals to execute all duties and responsibilities of the College pursuant to Wisconsin’s Public Records and Property Law.

As the official legal custodians of the public records of the College, these individuals shall be responsible for timely response to any request for access to the public records of the College.  The custodians shall be responsible for the release of the public records of the College, the conditions under which public records may be inspected and the collection of costs for the location or reproduction of public records.

Written notification of the designated official legal custodians of the College public records and their corresponding duties will be provided to all College employees in the Public Records Release Policy Official Notice.

The College further identifies the positions of President, Executive Vice President of Academic and Student Affairs, Executive Director of Economic and Community Development, Vice President of Administration and the Chief Information Officer as Local Public Officers of the College.

  1. POWERS OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  All requests for the release, inspection and/or reproduction of the public records of the College shall be directed or referred to the appropriate College official legal custodian.

The official legal custodian is vested with authority to make all necessary decisions relative to the release, inspection and reproduction of public records and is granted authority necessary to carry out all duties and responsibilities required by either the Wisconsin Public Records and Property Law (Sec. 19.31 – 19.39, Wis. Stats.).

  1. PROCEDURE FOR THE RELEASE, INSPECTION AND REPRODUCTION OF PUBLIC RECORDS AND PROPERTY OF THE COLLEGE.  The College adopts the following Notice as the official procedure of the College in responding to requests for the release, inspection or reproduction of the public records and property of the College:  Official Notice Attached.

This Notice is intended to provide all necessary information which might be required by a member of the public in order to obtain access to the public records and property of the College.  Any questions in regard to this Notice shall be directed to the official legal custodian of the public records of the College.

It is the general policy of the College that all requests for any records of the College must be submitted in writing to the official legal custodian.  The requestor may remain anonymous and need not state the specific reason for the request.

This Notice may be modified from time to time, but absent such modification, the decisions of the official legal custodian of the public records of the College shall be in conformity with its provisions.

Copies of the Notice shall be prominently displayed in appropriate locations on campus and a copy of the Notice shall be made available to any member of the public upon a request for inspection or reproduction.

  1. ADOPTION OF FEE SCHEDULE REGARDING THE COSTS FOR THE LOCATION AND/OR REPRODUCTION OF THE PUBLIC RECORDS AND PROPERTY OF THE COLLEGE.  The College adopts the attached fee schedule to cover the actual costs for the location and reproduction of any of the public records of the College.  It is intended that this fee schedule shall cover the payment of the actual, necessary and direct costs incurred in locating a document, or in providing any person with a reproduction of any of the public records of the College.
  2. PUBLIC RECORD PRESERVATION.  The public records of the College shall be retained and preserved by the official legal custodian as required by all applicable laws and no public records shall be destroyed without the prior written approval of the custodian.

No record of the College shall be destroyed after the receipt of a request for such record until after the request is granted, or until any dispute concerning the request has been completely and finally resolved.

  1. INDEMNIFICATION OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  Any costs or fees incurred by the official legal custodian of the public records of the College shall be directly reimbursed by the College to the custodian.

PUBLIC RECORDS RELEASE POLICY OFFICIAL NOTICE

This Notice has been adopted by Nicolet Area Technical College pursuant to Chapter 38, Wis. Stats.

Nicolet Area Technical College has placed this Notice in prominent and conspicuous locations on campus so that the Notice can be viewed and inspected by any member of the public.  In addition, individual copies of this Notice will be made available to any person who requests such a copy from the official legal custodian of the public records of this College.

The College is subject to the Wisconsin Public Records Law.  The following information is provided to the public to assist them in obtaining access to the public records of the College.

  1. The following positions have been designated as Local Public Officers of the College:  President, Executive Vice President of Academic and Student Affairs, Executive Director of Economic and Community Development, Vice President of Administration and the Chief Information Officer.  The names of the individuals presently holding these positions can be obtained by contacting the Human Resources Office of the College which is located at the following address:

NICOLET AREA TECHNICAL COLLEGE
5364 College Drive
P.O. Box 518
Rhinelander WI 54501
(715)-365-4553

  1. Any public record of the College will be made available for inspection at the office of the Vice President of Administration for College Records and the Registrar for Student Records during normal business hours (8:00 a.m. – 4:30 p.m.) upon proper request.  No original public records of the College shall be removed from the possession of the local public officers.  The local public officers shall be responsible for designating where, when and how the public records of the College may be inspected and copied.  However, the decisions of the official legal custodian of the public records shall be governed by this notice.
  2. The policy of the College regarding the release, inspection and/or reproduction of public records is as follows:

It is the general policy of the College that all requests for any records of the College must be submitted in writing to the official legal custodian.  The requestor may remain anonymous and need not state the specific reason for the request.

After the receipt of any request for access to the public records of the College, the official legal custodian will attempt to make such public records available as soon thereafter as practical.  All responses will be provided in writing.

If the official legal custodian determines that portions of any public records requested contain information which should not be released, the custodian will redact such portions not to be released and thereafter release the balance of the document.

Any requests for electronic public records of the College will be referred by the official legal custodian to the individual in charge of the technology and equipment involved to determine the cost of any computer search, printing charges, and availability of network system time to conduct the search. 

  1. Any request for a record must reasonably describe the record or information sought.  If necessary, the custodian will seek written clarification from the requestor. If the official legal custodians cannot reasonably determine what public records or information are being requested, the request shall be denied in writing and the reason for the denial shall be stated.
  2. Any person has the right to inspect the public records of the College, and the right to receive a reproduction of such public records.  In the event that a person files a request for reproduction of any of the public records of the College, that person shall be informed of the costs of locating and reproducing such public records.  Fees charged by the College relative to the costs of producing any of the public records of the College are as follows:  Fee Schedule Attached.

PUBLIC RECORDS RELEASE POLICY FEE SCHEDULE

  1. COSTS OF LOCATING DOCUMENTS:

Some of the public records of the College are in storage, archived, or otherwise not immediately available.  The College may estimate in advance the cost of locating a record based on employee and other institutional costs.  The official legal custodian of the public records of the College may require payment in advance.

  1. REPRODUCTION AND SHIPPING EXPENSES:

The College shall determine the cost and method used for reproduction and/or copying; however, fees may not exceed the actual, necessary, and direct cost of location, reproduction and transcription, and mailing and shipping of records unless otherwise specifically established by law.

  1. Costs of copying and reproduction of public records:

a. Copying and reproduction costs are $0.25 per page for paper copies and $1.00 per page for copying and transmission of electronically imaged documents.

b. If equipment necessary for any reproduction is not available within the College, then the College will rent whatever equipment is necessary to perform the function and will bill the requestor for such rental fee.  The cost charged will be the actual costs paid by the College to the third party vendor.

c. The actual cost to the College of tape or other medium used for reproduction shall also be paid by the person making the request.

  1. The actual cost of mailing or shipping will be charged.