2005AP1473, 2006AP174 & 2006AP175 WIREdata, Inc., v. Village of Sussex

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Open Records
Independent contractors

A municipality may not avoid liability under the open records law by contracting with an independent contractor assessor for the collection, maintenance, and custody of its property assessment records and by then directing any requester of those records to the independent contractor assessor who has custody of the sought-after records.

"As Wis. Stat. § 19.37(2), in relevant part, states, 'Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under s. 19.33 is employed and may not become a personal liability of any public official.' The statute discusses governmental or quasi-governmental entities, not private citizens, corporations, or even individual public officials, as being the parties responsible for paying any damages or fees under the statute to a prevailing requester. Given that we have held that the independent contractor assessors are not authorities under the open records law, and being satisfied that the statutes do not otherwise provide for independent contractor assessors' liability, we hold that the municipalities retain sole liability in cases such as the present ones for any damages or fees resulting from a violation."

Affirmed in part, and Reversed in part.

2005AP1473, 2006AP174 & 2006AP175 WIREdata, Inc., v. Village of Sussex

Crooks, J.

Attorneys: For Appellant: Pollen, Raymond J., Milwaukee; Bitar, Remzy D., Milwaukee; For Respondent: Deutch, Alan H., Fox Point

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