CHAPTER 9 OTHER INSTITUTIONAL POLICIES AND DOCUMENTS
SECTION 2 INSTITUTIONAL USE
(To see who has authority to approve changes to this section, please see the Approval of Changes page).
FACILITIES USE POLICY
PURPOSE AND SCHEDULING
PURPOSE.
The University of Wisconsin-Stevens Point recognizes and establishes the primacy of academic programs and co-curricular activities in the use of institutional facilities. Further, as part of its outreach and community service endeavors, the university will also provide its facilities for the use of residents of the state to the extent that the facilities are available and institutional resources permit.
To meet this goal, requests for the use of facilities are granted when facilities are available and when the requested use
• will not conflict nor interfere with curricular and co-curricular programs of the university;
• will not conflict nor interfere with the general welfare of students or other members of the university community; and
• is compatible with the function of the facility to be used.
NOTE. The use of state facilities, including faculty and staff offices, for soliciting, receiving, or making political contributions by mail or in person is prohibited by law (11.36 Wis. Stats.).
SCHEDULING.
Reservations for facilities may be made by referring to the Campus Space managers list.
PARKING FOR EVENTS
Conference and reservations personnel will assist planners of events in securing parking. Visitors attending conferences, workshops, institutes, or similar activities or events scheduled through the conference and reservations office are assessed parking fees through either
• assignment to a coin-operated lot; or
• issuance of a temporary parking permit.
When a university department, unit, or office hosts an individual or small group, parking fees are assessed to the host organization and they must contact Parking Services to make appropriate arrangements.
AUTHORITY
Authority for and limitations on granting the use of university facilities to the public is in 16.845 Wis. Stats., chapter UWS 21 of the Administrative Code, and Regent policies.
Behavior on university lands is governed by Chapter UWS 18 of the Code (a copy is in Chapter 4D.16, of this Handbook).
STATUTORY AUTHORITY.
Section 16.845 of the statutes provides for the use of state owned facilities:
Except as elsewhere expressly prohibited, the managing authority of any facility owned by the State may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums are to be into the general fund and to be credited to the appropriation for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days, or both. This section applies only to those building, facilities and grounds for which a procedure for obtaining a permit has been established.
Definitions.
Two definitions from this statute are pertinent to UWSP:
• facility includes buildings and any surrounding or connecting grounds; and
• managing authority means, among other definitions, the officer responsible for the management of a particular facility.
CHAPTER UWS 21.
A copy of chapter UWS 21, Rules of the Board of Regents of the University of Wisconsin System, Wisconsin Administrative Code, is in Chapter 4D.16, of this Handbook.
Primary Use.
Board policy establishes primacy of use of university facilities for fulfilling the university’s mission of teaching, research, and public service.
Groups Not Part of the University.
If a university department or unit believes that the meetings or activities of a group not associated with the university will contribute to and serve the university’s purposes, the department/unit may sponsor the group’s use of university facilities.
FUND-RAISING
DEVELOPMENT OFFICE AUTHORIZATION
AUTHORIZATION REQUIRED.
Any proposed fund-raising projects to solicit over $500 in funds or contributions of durable goods during a calendar year on behalf of the University or any of its components must have authorization from the Development Office before solicitation or negotiations to accept funds or contributions begins.
Applicability.
This policy applies to any solicitation of funds or goods initiated by individuals employed by or affiliated with UWSP, campus and off-campus support groups, departments, units, alumni associations, student organizations, friends, booster clubs, or similar individuals or groups.
Rationale.
The decline in general purpose revenue and the increase in institutional needs for external funding requires an efficient, broad-based network of funding prospects. To be productive, seeking funding from external sources also requires the elimination of unnecessary duplication of solicitation efforts of the same donor.
PROJECT APPROVAL AND PRIORITY
DEPARTMENT/UNIT APPROVAL.
When a fund-raising project is initiated, the project must have the approval of the department or unit and the appropriate dean or vice chancellor. The provost and chancellor must approve projects for departments or units reporting directly to them.
Priorities.
Any unit requesting special funding for projects must establish priorities for such projects. The Development Office will not authorize solicitation without
• department/unit approval;
• administrative approval; and
• establishment of priorities for solicitation.
COSTS AND STAFF SUPPORT
DEVELOPMENT CAMPAIGN.
In general, when the Development Office conducts a fund-raising campaign for a project, the material cost of the campaign is charged to the specific area for which the campaign is conducted. This includes but is not limited to costs for:
• mailing and postage;
• supplies;
• clerical service and support;
• telephone charges; and
• printing.
Funding.
Arrangements for funding major campaigns must be confirmed before the campaign actually begins. An estimate of expenses will be available from the Development Office.
Staff and Departmental/Unit Liaisons.
The Development Office employs personnel specifically to solicit private gifts for the University. Colleges, departments, and units contemplating any external solicitation are encouraged to appoint an individual to serve as a liaison with Development Office personnel.
OPEN RECORDS LAW, SECTIONS 19.21-19.39, WIS. STATS. (1993-94) SUBCHAPTER II: PUBLIC RECORDS AND PROPERTY
NOTE: Although some formatting changes have been made, the following is a verbatim copy of the statute, except that historical and case citations have been omitted.
19.21 Custody and delivery of official property and records.
1. Each and every officer of the state, or of any county, town, city, village, school district, or other municipality or district, is the legal custodian of and shall safely keep and preserve all property and things received from the officer’s predecessor or other persons and required by law to be filed, deposited, or kept in the officer’s office, or which are in the lawful possession or control of the officer or the officer’s deputies, or to the possession or control of which the officer or the officer’s deputies may be lawfully entitled, as such officers.
2. Upon the expiration of each such officer’s term of office, or whenever the office becomes vacant, the officer, or on the officer’s death the officer’s legal representative, shall on demand deliver to the officer’s successor all such property and things then in the officer’s custody, and the officer’s successor shall receipt therefor to said officer, who shall file said receipt, as the case may be, in the office of the secretary of state, county clerk, town clerk, city clerk, village clerk, school district clerk, or clerk or other secretarial officer of the municipality or district, respectively; but if a vacancy occurs before such successor is qualified, such property and things shall be delivered to and be receipted for by such secretary or clerk, respectively, on behalf of the successor, to be delivered to such successor upon the latter’s receipt.
3. Any person who violates this section shall, in addition to any other liability or penalty, civil or criminal, forfeit not less than $25 nor more than $2,000; such forfeiture to be enforced by a civil action on behalf of, and the proceeds to be paid into the treasury of the state, municipality, or district, as the case may be.
4.
a. Any city council, village board or town board may provide by ordinance for the destruction of obsolete public records. Prior to the destruction at least 60 days’ notice in writing of such destruction shall be given the historical society which shall preserve any such records it determines to be of historical interest. The historical society may, upon application, waive such notice. No assessment roll containing forest crop acreage may be destroyed without prior approval of the secretary of revenue. This paragraph does not apply to school records of a 1st class city school district.
b. The period of time any town, city or village public record is kept before destruction shall be as prescribed by ordinance unless a specific period of time is provided by statute. The period prescribed in the ordinance may not be less than 2 years with respect to water stubs, receipts of current billings and customer’s ledgers of any municipal utility, and 7 years for other records unless a shorter period has been fixed by the public records board under s. 16.61 (3) (e) and except as provided under sub. (7). This paragraph does not apply to school records of a 1st class city school district.
c. Any local governmental unit or agency may provide for the keeping and preservation of public records kept by that governmental unit through the use of microfilm or another reproductive device, optical imaging or electronic formatting. A local governmental unit or agency shall make such provision by ordinance or resolution. Any such action by a subunit of a local governmental unit or agency shall be in conformity with the action of the unit or agency of which it is a part. Any photographic reproduction of a record authorized to be reproduced under this paragraph is deemed an original record for all purposes if it meets the applicable standards established in ss. 16.61 (7) and 16.612. This paragraph does not apply to public records kept by counties electing to be governed by ch. 228.
d. (cm) Paragraph (c) does not apply to court records kept by a clerk of circuit court and subject to SCR chapter 72.
5.
a. Any county having a population of 500,000 or more may provide by ordinance for the destruction of obsolete public records, except for court records subject to SCR chapter 72.
b. Any county having a population of less than 500,000 may provide by ordinance for the destruction of obsolete public records, subject to s. 59.52 (4) (b) and (c), except for court records governed by SCR chapter 72.
c. The period of time any public record shall be kept before destruction shall be determined by ordinance except that in all counties the specific period of time expressed within s. 7.23 or 59.52 (4) (a) or any other law requiring a specific retention period shall apply. The period of time prescribed in the ordinance for the destruction of all records not governed by s. 7.23 or 59.52 (4) (a) or any other law prescribing a specific retention period may not be less than 7 years, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e).
d.
1. Except as provided in subd. 2., prior to any destruction of records under this subsection, except those specified within s. 59.52 (4) (a), at least 60 days’ notice of such destruction shall be given in writing, to the historical society, which may preserve any records it determines to be of historical interest. Notice is not required for any records for which destruction has previously been approved by the historical society or in which the society has indicated that it has no interest for historical purposes. Records which have a confidential character while in the possession of the original custodian shall retain such confidential character after transfer to the historical society unless the director of the historical society, with the concurrence of the original custodian, determines that such records shall be made accessible to the public under such proper and reasonable rules as the historical society promulgates.
2. Subdivision 1. does not apply to patient health care records, as defined in s. 146.81 (4), that are in the custody or control of a local health department, as defined in s. 250.01 (4).
e. The county board of any county may provide, by ordinance, a program for the keeping, preservation, retention and disposition of public records including the establishment of a committee on public records and may institute a records management service for the county and may appropriate funds to accomplish such purposes.
f. District attorney records are state records and are subject to s. 978.07.
6. A school district may provide for the destruction of obsolete school records. Prior to any such destruction, at least 60 days’ notice in writing of such destruction shall be given to the historical society, which shall preserve any records it determines to be of historical interest. The historical society may, upon application, waive the notice. The period of time a school district record shall be kept before destruction shall be not less than 7 years, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e) and except as provided under sub. (7). This section does not apply to pupil records under s. 118.125.
7. Notwithstanding any minimum period of time for retention set under s. 16.61 (3) (e), any taped recording of a meeting, as defined in s. 19.82 (2), by any governmental body, as defined under s. 19.82 (1), of a city, village, town or school district may be destroyed no sooner than 90 days after the minutes have been approved and published if the purpose of the recording was to make minutes of the meeting.
8. Any metropolitan sewerage commission created under ss. 66.88 to 66.918 may provide for the destruction of obsolete commission records. No record of the metropolitan sewerage district may be destroyed except by action of the commission specifically authorizing the destruction of that record. Prior to any destruction of records under this subsection, the commission shall give at least 60 days’ prior notice of the proposed destruction to the state historical society, which may preserve records it determines to be of historical interest. Upon the application of the commission, the state historical society may waive this notice. Except as provided under sub. (7), the commission may only destroy a record under this subsection after 7 years elapse from the date of the record’s creation, unless a shorter period is fixed by the public records board under s. 16.61 (3) (e).
19.22 Proceedings to compel the delivery of official property.
1. If any public officer refuses or neglects to deliver to his or her successor any official property or things as required in s. 19.21, or if the property or things shall come to the hands of any other person who refuses or neglects, on demand, to deliver them to the successor in the office, the successor may make complaint to any circuit judge for the county where the person refusing or neglecting resides. If the judge is satisfied by the oath of the complainant and other testimony as may be offered that the property or things are withheld, the judge shall grant an order directing the person so refusing to show cause, within some short and reasonable time, why the person should not be compelled to deliver the property or things.
2. At the time appointed, or at any other time to which the matter may be adjourned, upon due proof of service of the order issued under sub. (1), if the person complained against makes affidavit before the judge that the person has delivered to the person’s successor all of the official property and things in the person’s custody or possession pertaining to the office, within the person’s knowledge, the person complained against shall be discharged and all further proceedings in the matter before the judge shall cease.
3. If the person complained against does not make such affidavit the matter shall proceed as follows:
a. The judge shall inquire further into the matters set forth in the complaint, and if it appears that any such property or things are withheld by the person complained against the judge shall by warrant commit the person complained against to the county jail, there to remain until the delivery of such property and things to the complainant or until the person complained against be otherwise discharged according to law.
b. If required by the complainant the judge shall also issue a warrant, directed to the sheriff or any constable of the county, commanding the sheriff or constable in the daytime to search such places as shall be designated in such warrant for such official property and things as were in the custody of the officer whose term of office expired or whose office became vacant, or of which the officer was the legal custodian, and seize and bring them before the judge issuing such warrant.
c. When any such property or things are brought before the judge by virtue of such warrant, the judge shall inquire whether the same pertain to such office, and if it thereupon appears that the property or things pertain thereto the judge shall order the delivery of the property or things to the complainant.
19.23 Transfer of records or materials to historical society.
1. Any public records, in any state office, that are not required for current use may, in the discretion of the public records board, be transferred into the custody of the historical society, as provided in s. 16.61.
2. The proper officer of any county, city, village, town, school district or other local governmental unit, may under s. 44.09 (1) offer title and transfer custody to the historical society of any records deemed by the society to be of permanent historical importance.
3. The proper officer of any court may, on order of the judge of that court, transfer to the historical society title to such court records as have been photographed or microphotographed or which have been on file for at least 75 years, and which are deemed by the society to be of permanent historical value.
4. Any other articles or materials which are of historic value and are not required for current use may, in the discretion of the department or agency where such articles or materials are located, be transferred into the custody of the historical society as trustee for the state, and shall thereupon become part of the permanent collections of said society.
19.24 Refusal to deliver money, etc., to successor.
Any public officer whatever, in this state, who shall, at the expiration of the officer’s term of office, refuse or willfully [sic] neglect to deliver, on demand, to the officer’s successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to the office and in the officer’s hands or under the officer’s control by virtue thereof, shall be imprisoned not more than 6 months or fined not more than $100.
19.25 State officers may require searches, etc., without fees.
The secretary of state, treasurer and attorney general, respectively, are authorized to require searches in the respective offices of each other and in the offices of the clerk of the supreme court, of the court of appeals, of the circuit courts, of the registers of deeds for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom without the payment of any fee or charge whatever.
19.31 Declaration of policy.
In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility it is to provide such information. To that end, ss. 19.32 to 19.37 shall be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business. The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.
19.32 Definitions.
As used in ss. 19.33 to 19.39:
1. “Authority” means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; any public purpose corporation, as defined in s. 181.79 (1); any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.
(1c) “Incarcerated person” means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under s. 973.09 (4) as a condition of placement, during the period of confinement for which the person has been sentenced.
(1e) “Penal facility” means a state prison under s. 302.01, county jail, county house of correction or other state, county or municipal correctional or detention facility.
(1m) “Person authorized by the individual” means the parent, guardian, as defined in s. 48.02 (8), or legal custodian, as defined in s. 48.02 (11), of a child, as defined in s. 48.02 (2), the guardian, as defined in s. 880.01 (3), of an individual adjudged incompetent, as defined in s. 880.01 (4), the personal representative or spouse of an individual who is deceased or any person authorized, in writing, by the individual to exercise the rights granted under this section.
(1r) “Personally identifiable information” has the meaning specified in s. 19.62 (5).
2. “Record” means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. “Record” includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. “Record” does not include drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
3. “Requester” means any person who requests inspection or copies of a record, except an incarcerated person, unless the person requests inspection or copies of a record that contains specific references to that person or his or her minor children for whom he or she has not been denied physical placement under ch. 767, and the record is otherwise accessible to the person by law.
1994).
19.33 Legal custodians.
1. An elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
2. The chairperson of a committee of elected officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
3. The co-chairpersons of a joint committee of elected officials, or the designee of the co-chairpersons, are the legal custodians of the records of the joint committee.
4. Every authority not specified in subs. (1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter. In the absence of a designation the authority’s highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority. The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter. Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employees of the authority entrusted with records subject to the legal custodian’s supervision.
5. Notwithstanding sub. (4), if an authority specified in sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
6. The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in s. 19.35 (4). This subsection does not apply to members of the legislature or to members of any local governmental body.
7. The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
8. No elected official of a legislative body has a duty to act as or designate a legal custodian under sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee’s records by rule or by law.
19.34 Procedural information.
1. Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. This subsection does not apply to members of the legislature or to members of any local governmental body.
2.
a. Each authority which maintains regular office hours at the location where records in the custody of the authority are kept shall permit access to the records of the authority at all times during those office hours, unless otherwise specifically authorized by law.
b. Each authority which does not maintain regular office hours at the location where records in the custody of the authority are kept shall:
1. Permit access to its records upon at least 48 hours’ written or oral notice of intent to inspect or copy a record; or
2. Establish a period of at least 2 consecutive hours per week during which access to the records of the authority is permitted. In such case, the authority may require 24 hours’ advance written or oral notice of intent to inspect or copy a record.
c. An authority imposing a notice requirement under par. (b) shall include a statement of the requirement in its notice under sub. (1), if the authority is required to adopt a notice under that subsection.
d. If a record of an authority is occasionally taken to a location other than the location where records of the authority are regularly kept, and the record may be inspected at the place at which records of the authority are regularly kept upon one business days’ notice, the authority or legal custodian of the record need not provide access to the record at the occasional location.
19.35 Access to records; fees.
1. Right to inspection. (a) Except as otherwise provided by law, any requester has a right to inspect any record. Substantive common law principles construing the right to inspect, copy or receive copies of records shall remain in effect. The exemptions to the requirement of a governmental body to meet in open session under s. 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under s. 19.33 makes a specific demonstration that there is a need to restrict public access at the time that the request to inspect or copy the record is made.
(am) In addition to any right under par. (a), any requester who is an individual or person authorized by the individual, has a right to inspect any record containing personally identifiable information pertaining to the individual that is maintained by an authority and to make or receive a copy of any such information. The right to inspect or copy a record under this paragraph does not apply to any of the following:
1. Any record containing personally identifiable information that is collected or maintained in connection with a complaint, investigation or other circumstances that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding, or any such record that is collected or maintained in connection with such an action or proceeding.
2. Any record containing personally identifiable information that, if disclosed, would do any of the following:
a. Endanger an individual’s life or safety.
b. Identify a confidential informant.
c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
d. Compromise the rehabilitation of a person in the custody of the department of corrections or detained in a jail or facility identified in subd. 2. c.
3. Any record that is part of a records series, as defined in s. 19.62 (7), that is not indexed, arranged or automated in a way that the record can be retrieved by the authority maintaining the records series by use of an individual’s name, address or other identifier.
b. Except as otherwise provided by law, any requester has a right to inspect a record and to make or receive a copy of a record which appears in written form. If a requester appears personally to request a copy of a record, the authority having custody of the record may, at its option, permit the requester to photocopy the record or provide the requester with a copy substantially as readable as the original.
c. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a comprehensible audio tape recording a copy of the tape recording substantially as audible as the original. The authority may instead provide a transcript of the recording to the requester if he or she requests.
d. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a video tape recording a copy of the tape recording substantially as good as the original.
e. Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is not in a readily comprehensible form a copy of the information contained in the record assembled and reduced to written form on paper.
(em) If an authority receives a request to inspect or copy a record that is in handwritten form or a record that is in the form of a voice recording which the authority is required to withhold or from which the authority is required to delete information under s. 19.36 (8) (b) because the handwriting or the recorded voice would identify an informant, the authority shall provide to the requester, upon his or her request, a transcript of the record or the information contained in the record if the record or information is otherwise subject to public inspection and copying under this subsection.
f. Except as otherwise provided by law, any requester has a right to inspect any record not specified in pars. (b) to (e) the form of which does not permit copying. If a requester requests permission to photograph the record, the authority having custody of the record may permit the requester to photograph the record. If a requester requests that a photograph of the record be provided, the authority shall provide a good quality photograph of the record.
g. Paragraphs (a) to (c), (e) and (f) do not apply to a record which has been or will be promptly published with copies offered for sale or distribution.
h. A request under pars. (a) to (f) is deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under s. 19.37.
i. Except as authorized under this paragraph, no request under pars. (a) and (b) to (f) may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. Except as authorized under this paragraph, no request under pars. (a) to (f) may be refused because the request is received by mail, unless prepayment of a fee is required under sub. (3) (f). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
j. Notwithstanding pars. (a) to (f), a requester shall comply with any regulations or restrictions upon access to or use of information which are specifically prescribed by law.
k. Notwithstanding pars. (a), (am), (b) and (f), a legal custodian may impose reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
l. Except as necessary to comply with pars. (c) to (e) or s. 19.36 (6), this subsection does not require an authority to create a new record by extracting information from existing records and compiling the information in a new format.
2. Facilities. The authority shall provide any person who is authorized to inspect or copy a record under sub. (1) (a), (am), (b) or (f) with facilities comparable to those used by its employees to inspect, copy and abstract the record during established office hours. An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.
3. Fees.
a. An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.
b. Except as otherwise provided by law or as authorized to be prescribed by law an authority may impose a fee upon the requester of a copy of a record that does not exceed the actual, necessary and direct cost of photographing and photographic processing if the authority provides a photograph of a record, the form of which does not permit copying.
c. Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.
d. An authority may impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.
e. An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
f. An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5.
4. Time for compliance and procedures.
a. Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority’s determination to deny the request in whole or in part and the reasons therefor.
b. If a request is made orally, the authority may deny the request orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If an authority denies a written request in whole or in part, the requester shall receive from the authority a written statement of the reasons for denying the written request. Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under s. 19.37 (1) or upon application to the attorney general or a district attorney.
c. If an authority receives a request under sub. (1) (a) or (am) from an individual or person authorized by the individual who identifies himself or herself and states that the purpose of the request is to inspect or copy a record containing personally identifiable information pertaining to the individual that is maintained by the authority, the authority shall deny or grant the request in accordance with the following procedure:
1. The authority shall first determine if the requester has a right to inspect or copy the record under sub. (1) (a).
2. If the authority determines that the requester has a right to inspect or copy the record under sub. (1) (a), the authority shall grant the request.
3. If the authority determines that the requester does not have a right to inspect or copy the record under sub. (1) (a), the authority shall then determine if the requester has a right to inspect or copy the record under sub. (1) (am) and grant or deny the request accordingly.
5. Record destruction. No authority may destroy any record at any time after the receipt of a request for inspection or copying of the record under sub. (1) until after the request is granted or until at least 60 days after the date that the request is denied or, if the requester is an incarcerated person, until at least 90 days after the date that the request is denied. If an authority receives written notice that an action relating to a record has been commenced under s. 19.37, the record may not be destroyed until after the order of the court in relation to such record is issued and the deadline for appealing that order has passed, or, if appealed, until after the order of the court hearing the appeal is issued. If the court orders the production of any record and the order is not appealed, the record may not be destroyed until after the request for inspection or copying is granted.
6. Elected official responsibilities. No elected official is responsible for the record of any other elected official unless he or she has possession of the record of that other official.
19.36 Limitations upon access and withholding.
1. Application of other laws. Any record which is specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law is exempt from disclosure under s. 19.35 (1), except that any portion of that record which contains public information is open to public inspection as provided in sub. (6).
2. Law enforcement records. Except as otherwise provided by law, whenever federal law or regulations require or as a condition to receipt of aids by this state require that any record relating to investigative information obtained for law enforcement purposes be withheld from public access, then that information is exempt from disclosure under s. 19.35 (1).
3. Contractors’ records. Each authority shall make available for inspection and copying under s. 19.35 (1) any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority. This subsection does not apply to the inspection or copying of a record under s. 19.35 (1) (am).
4. Computer programs and data. A computer program, as defined in s. 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.
5. Trade secrets. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90 (1) (c).
6. Separation of information. If a record contains information that is subject to disclosure under s. 19.35 (1) (a) or (am) and information that is not subject to such disclosure, the authority having custody of the record shall provide the information that is subject to disclosure and delete the information that is not subject to disclosure from the record before release.
7. Identities of applicants for public positions.
a. In this section, “final candidate” means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment and whose name is submitted for final consideration to an authority for appointment to any state position, except a position in the classified service, or to any local public office, as defined in s. 19.42 (7w). “Final candidate” includes, whenever there are at least 5 candidates for an office or position, each of the 5 candidates who are considered most qualified for the office or position by an authority, and whenever there are less than 5 candidates for an office or position, each such candidate. Whenever an appointment is to be made from a group of more than 5 candidates, “final candidate” also includes each candidate in the group.
b. Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.
8. Identities of law enforcement informants.
a. In this subsection:
1. “Informant” means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:
a. Another person who the individual or the law enforcement agency suspects has violated, is violating or will violate a federal law, a law of any state or an ordinance of any local government.
b. Past, present or future activities that the individual or law enforcement agency believes may violate a federal law, a law of any state or an ordinance of any local government.
2. “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), and includes the department of corrections.
b. If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.
9. Records of plans or specifications for state buildings. Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under s. 19.35 (1) except as the department of administration otherwise provides by rule.
Rights of data subject to challenge; authority corrections.
1. Except as provided under sub. (2), an individual or person authorized by the individual may challenge the accuracy of a record containing personally identifiable information pertaining to the individual that is maintained by an authority if the individual is authorized to inspect the record under s. 19.35 (1) (a) or (am) and the individual notifies the authority, in writing, of the challenge. After receiving the notice, the authority shall do one of the following:
a. Concur with the challenge and correct the information.
b. Deny the challenge, notify the individual or person authorized by the individual of the denial and allow the individual or person authorized by the individual to file a concise statement setting forth the reasons for the individual’s disagreement with the disputed portion of the record. A state authority that denies a challenge shall also notify the individual or person authorized by the individual of the reasons for the denial.
2. This section does not apply to any of the following records:
a. Any record transferred to an archival depository under s. 16.61 (13).
b. Any record pertaining to an individual if a specific state statute or federal law governs challenges to the accuracy of the record.
Enforcement and penalties.
1. Mandamus. If an authority withholds a record or a part of a record or delays granting access to a record or part of a record after a written request for disclosure is made, the requester may pursue either, or both, of the alternatives under pars. (a) and (b).
a. The requester may bring an action for mandamus asking a court to order release of the record. The court may permit the parties or their attorneys to have access to the requested record under restrictions or protective orders as the court deems appropriate.
b. The requester may, in writing, request the district attorney of the county where the record is found, or request the attorney general, to bring an action for mandamus asking a court to order release of the record to the requester. The district attorney or attorney general may bring such an action.
(1m) Time for commencing action. No action for mandamus under sub. (1) to challenge the denial of a request for access to a record or part of a record may be commenced by any incarcerated person later than 90 days after the date that the request is denied by the authority having custody of the record or part of the record.
(1n) Notice of claim. Sections 893.80 and 893.82 do not apply to actions commenced under this section.
2. Costs, fees and damages.
a. Except as provided in this paragraph, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a). If the requester is an incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages. 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.
b. In any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that the authority acted in a willful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.
3. Punitive damages. If a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.
4. Penalty. Any authority which or legal custodian under s. 19.33 who arbitrarily and capriciously denies or delays response to a request or charges excessive fees may be required to forfeit not more than $1,000. Forfeitures under this section shall be enforced by action on behalf of the state by the attorney general or by the district attorney of any county where a violation occurs. In actions brought by the attorney general, the court shall award any forfeiture recovered together with reasonable costs to the state; and in actions brought by the district attorney, the court shall award any forfeiture recovered together with reasonable costs to the county.
19.39 Interpretation by attorney general.
Any person may request advice from the attorney general as to the applicability of this subchapter under any circumstances. The attorney general may respond to such a request.
WISLAW: 1993-94 WISCONSIN STATUTES UPDATED THROUGH 95 WIS. ACT 226.
PARKING REGULATIONS
July, 1996
NOTE. These regulations appear basically in the format under which they are maintained and distributed by General Services. Some minor changes in formatting and capitalization have been made to conform stylistically to the remainder of the Handbook.
I. AUTHORITY, LIABILITY AND JURISDICTION
SECTION A: Authority
Authorization for parking regulations, which have been approved by the chancellor of the university, is derived from Chapter 36 of the Wisconsin Statutes and Chapter 18 of the State Administrative Code. Provisions of Chapter 346 of the Wisconsin Statutes relating to vehicular travel upon the highway open to the use of the public are also applicable to the University of Wisconsin-Stevens Point.
SECTION B: Liability
The University of Wisconsin-Stevens Point assumes no responsibility for damage to any vehicle, or its contents, that is operated or parked on University owned or controlled property.
SECTION C: Jurisdiction
University of Wisconsin-Stevens Point regulates parking on all property owned or controlled by the University. City streets that are within the boundaries of the university are under the jurisdiction of the Stevens Point Police Department and all city rules and regulations applying to the city streets will be enforced by the referenced agency.
II. PARKING RULES AND REGULATIONS
Information regarding parking restrictions, permit sales, parking lot designations, and fines and fee schedules are available on the UWSP Parking Services website. Any changes to parking permit fees and regulations will be subject to approval by appropriate university shared governance.
III. PARKING ANNUAL REPORT
The Parking Services director will annually create and distribute a report including revenues, expenses, and capital projects.
IV. PARKING APPEALS
Parking appeals shall be a function of the Parking Advisory Board (a committee of the Student Government Association).
V. PARKING ADVISORY BOARD
SECTION A:
Membership of the Parking Advisory Board shall be determined by the following guidelines as outlined in the Parking Advisory Board Bylaws:
• Two students at large nominated by SGA for a one-year term.
• One non-traditional student nominated by SGA for a one-year term.
• One representative nominated by RHA for a one-year term.
• One faculty member appointed by the Faculty Council Chair for a two-year term.
• One academic staff member appointed by the Academic Staff Council Chair for a two-year term.
• One university staff member appointed by the University Staff Council Co-Chairs for a two-year term.
• One member of the Parking Services office appointed by the Director of Parking Services.
SECTION B:
The Parking Advisory Board shall establish its own procedural rules regarding Parking Appeals within the following guidelines:
• The Chairperson shall be the SGA Student Life and Academic Affairs Director.
• The Chairperson, with consent of the Parking Advisory Board, shall determine a regular meeting schedule.
• A quorum shall consist of a majority of the Parking Advisory Board.
• Appeals shall be reviewed, and decisions made, based on the information provided by the appellant and information provided by Parking Services.
• Decision of the Parking Advisory Board will be provided to the appellant in writing. Should the appeal be denied the appellant has the right to appeal the decision in writing to the Director of Police and Security Services and Parking within 10 days of notification of the initial appeal.
All appeals will end with the Vice Chancellor of Finance and Administration, and their decision will be final.
FACILITIES PLANNING AND SPACE ALLOCATION POLICIES
INTRODUCTION
Space is a total university resource and must be utilized to support all aspects of the university mission. The wise allocation of this resource is essential to the university’s commitment to quality education.
SPACE ALLOCATION DECISIONS
MODIFIED DECENTRALIZED MODEL.
The university uses a modified decentralized space allocation model. This model captures the best aspects of both the centralized and the decentralized models.
DECISION AUTHORITY.
Authority for space allocation decisions, which shall be made according to these procedures and guidelines, is delegated according to the location of the space.
Academic Buildings.
Deans have authority over space in academic buildings–
• dean, Professional Studies: CPS, Champions Hall academic space, and Science (west wing);
• dean, Natural Resources: CNR, Paper Science and Chemical Engineering, and Field Stations;
• dean, Letters and Science: CCC, Science (all but the west wing), and Chemistry Biology Building;
• dean, Fine Arts and Communication: COFAC, Fine Arts Center and Communication Arts Center (CAC) ; and
• dean, University College: ALB.
Deans sharing spaces shall consult and cooperate on space allocation.
Residential Complex.
The vice chancellor for student affairs has authority over South Hall, residence halls, and centers.
GPR Buildings.
The vice chancellor for Finance and Administration has authority for space decisions for GPR administrative buildings (Delzell, George Stien, Main, Maintenance and Materiel, Nelson Hall, and Park Student Services Center).
SPACE REQUESTS.
Initial Request.
Requests for space from a department or unit shall be submitted to the administrator responsible for the department/unit. If the administrator cannot satisfy the department/unit’s need for space, the administrator shall consult with other deans or vice chancellors for possible available space.
Request to Other Area(s).
Following consultation, the request shall be submitted to the administrator responsible for the desired space.
Committee Action.
Initial Consideration.
The committee shall consider the request for its recommendations and shall include in its deliberations:
• consideration of the space utilization guidelines;
• data from the audit program; and
• information provided by the individuals who have requested the review.
Recommendations.
Recommendations from the committee shall be sent to the individual who sent the request to the committee for reactions. Reactions will be reported by the chair at the next meeting of the committee. Thereafter, the committee will forward its recommendations to the chancellor for a final decision.
Relocation.
When programs, departments, or units are asked to relocate as the result of space allocation decisions, a reasonable amount of time shall be given to plan for and accomplish the move.
SPACE UTILIZATION PRIORITIES
ACADEMIC BUILDINGS.
Standard Facilities
(Professional Studies, Collins Classroom Center, Science, Natural Resources, Communication Arts Center, and Fine Arts Center). Priorities in these academic buildings, and within each priority, shall be given to:
Classrooms.
1. Instruction (credit producing).
a. Department office in same building.
b. Overflow instruction in next closest building to department office.
2. Academic department meetings.
3. Student activities.
4. Outside University needs approved by Conference and Reservations.
Laboratories.
1. Instruction (credit producing; scheduled and nonscheduled).
a. Department located in same building.
b. Overflow instruction in next closest building to department office.
2. Faculty research.
3. University service units.
4. Agencies cosponsored by the university.
Offices.
1. Instruction
a. Dean’s office.
b. Department office.
c. Faculty and teaching academic staff office (8 credits to full-time, private office).
d. Academic staff office (1-7 credits, bull pen arrangement).
e. University support staff office.
f. Work space for funded full-time graduate students.
2. Emeritus faculty and academic staff.
3. Student organizations (full-time private office if necessary to perform service, bull pen if not).
4. Activities cosponsored by the university.
Special Facilities.
Albertson Hall.
1. Library services (e.g., acquisition, instruction, reference).
2. Other Academic Support Programs service units (Academic and Career Advising Center (ACAC), Center for Inclusive Teaching and Learning (CITL), Disability and Assistive Technology (DATC), Office of International Education (OIE), and Tutoring-Learning Center (TLC).
3. Museum.
4. Instruction.
Champions Hall.
1. Academic instruction.
2. Intercollegiate activities.
3. Intramurals.
4. Other student activities.
5. Activities cosponsored by the university.
UNIVERSITY CENTER.
1. University Center administration and operations.
2. Campus Activities offices.
3. Student Government Association offices.
4. Student organizations.
DELZELL HALL.
1. GPR student services functions under Student Development.
2. PR student services functions under Student Development.
3. Other GPR student services functions.
PARK STUDENT SERVICES CENTER
(chief student services building).
1. Student services offices.
2. Administrative offices.
3. Student activities.
4. Activities cosponsored by the university.
OLD MAIN
(chief administrative building).
1. Office use (except Founders’ Room)
a. Chancellor and immediate staff.
b. Provost and immediate support staff.
c. Vice Chancellors and immediate support staff.
d. Other university departments needing direct liaison with the Chancellor, Provost, or Vice Chancellors
2. Founders’ Room: meetings, instruction, receptions, etc.
NELSON HALL
(GPR; university service building).
1. Administrative offices associated with functions in Old Main.
2. Academic related programs.
3. Student services.
4. Student activities.
5. Activities cosponsored by the university.
SOUTH HALL
(PR).
1. University units and organizations.
2. Activities cosponsored by the university.
GEORGE STIEN BUILDING.
1. Finance and Administration functions.
2. Physical Plant functions under Student Development.
MAINTENANCE AND MATERIEL BUILDING.
1. Physical Plant functions under Finance and Administration.
2. General Services functions under Finance and Administratioin.
3. Physical Plant functions under Student Development.
4. Physical Plant functions under academic departments.
STORAGE: ALL BUILDINGS.
1. Building occupants.
2. Other university departments and units.
MAJOR/MINOR PROJECTS PLANNING PROCEDURES
PROJECT PROPOSALS.
A major or minor project may be recommended by an individual or a department/unit. The proposal is then forwarded successively to the
• department or unit administrator (department chairperson, associate dean, director, etc.);
• appropriate dean or assistant vice chancellor or vice chancellor;
In Academic Affairs, requests are next sent to the council of deans and then the provost.
CHANCELLOR’S ACTION.
The completed institutional priority list is forwarded to the chancellor, whose decision on major and minor priority lists is final.
CRITERIA.
Among the criteria used for priority setting, each review level shall consider
• the university’s mission;
• academic or service needs;
• need for change in order to be in a leadership mode of operation (e.g., computerization); and
• what cannot be funded out of other allocations (e.g., lab modernization, health, safety and environment).
TRANSPORTATION SERVICES POLICIES
VEHICLES AND RATES
For available vehicles and rates, please see the Transportation Services website.
RESERVATIONS AND VEHICLE PICK-UP/RETURN
RESERVATIONS.
Vehicles may be reserved during normal business hours at Transportation Services, George Stien Building, 1925 Maria Drive, or by telephone at extension 2884.
PACKET AND VEHICLE PICK-UP.
Vehicles may be picked up or returned 24 hours a day, seven days a week. During normal business hours, users pick up vehicle packets at Transportation Services and vehicles from the appropriate numbered space in the Maintenance and Materiel Building parking lot across the street from the George Stien Building.
After Hours.
After hours and on weekends, packets are available at the Police and Security Services Office, also in the George Stien Building.
PACKET AND VEHICLE RETURN.
Vehicles are returned to the appropriate numbered parking space; packets are returned in the slot in the wall north of the vehicle maintenance garage doors.
Trip Tickets.
Drivers are responsible for filling out all items of the trip ticket and returning the ticket with the packet.
CANCELLATIONS.
Cancellations normally require 24-hour notice. Administrative fees may be charged to an account for forms not completed or returned, vehicles not canceled, or vehicles not picked up.
VEHICLE USE AND DRIVER AUTHORIZATION
OFFICIAL BUSINESS.
The use of state-owned vehicles is for official state business. Employees who wish to travel with their families or to combine business with personal travel are encouraged to use their personal vehicles. Insurance waivers for employees who wish to travel with family members in state vehicles may be authorized by the vice chancellor for Finance and Administration.
VEHICLE USE AGREEMENT.
Faculty and Staff.
All fleet vehicle users are required to have a Vehicle Use Agreement form on file with Transportation Services.
Student Drivers.
Student drivers are required to have a Student Driver Authorization form on file. The student form must be signed by the student’s supervisor or student organization advisor. The form expires on May 31 and must be renewed annually if students intend to use state vehicles.
Driving Records.
State policy requires driving records be checked annually. Use of the state vehicles may be denied if an individual’s driving record shows multiple accidents and/or violations. Driving records obtained by Transportation Services are handled confidentially. Individuals with questions regarding their records may contact Transportation Services.
Authorization Forms.
Vehicle use forms are available from Transportation Services.
MILEAGE REIMBURSEMENT FOR PERSONAL VEHICLE USE
FLEET VEHICLE AVAILABLE.
An employee who elects to drive a personal vehicle when a state vehicle is available is reimbursed at the rate of .18 per mile when the round trip is more than 50 miles.
OTHER CONDITIONS.
Reimbursement is .26 per mile when:
• the reimbursement claim is accompanied by a Certificate of Non-availability issued by Transportation Services; or
• the round trip is 50 miles or less; or
• the driver engaged in university business is a not a state employee.
Non-availability.
A Certificate of Non-availability will be issued when no fleet vehicle is available and the reservation request is made at least 24 hours before the vehicle is required.
USE OF 15-PASSENGER VANS
DRIVER TRAINING REQUIRED.
The University of Wisconsin System Risk Management Office requires that any individual requesting to drive a 15-passenger van must complete a van driver training program or hold a valid commercial driver’s license.
Driver Training Program.
Transportation Services has developed a van driver training program which includes:
• completion of the van training program registration form;
• completion of the quiz on the back of the registration form with 80% accuracy; and
• completion of a behind-the-wheel session scheduled through Transportation Services.
Upon completion, drivers are issued a Van Driver Training Certification Card.
STUDENT ORGANIZATIONS
A student organization seeking to reserve a fleet vehicle must complete the Student Organization State Vehicle Approval Form.
All SFO account users (9000 accounts) and all 1800 account users (other than those for a class requirement) must also complete the form.
Completed forms must be signed by the student organization’s advisor and if the organization receives SGA funding for the trip, the budget director of SGA.