AVAILABILITY OF PUBLIC RECORDS
- The Hartland Police Department
is an authority for the purpose of record keeping as defined in ss 19.34 (1), Wis. Statutes. The Police
Department is responsible for the enforcement of laws and ordinances, the apprehension and prosecution of
persons who violate laws and ordinances, the preservation of public peace and order, and to provide such
other services as may be required by the Hartland Village Board, or when resources allow the delivery of
such services.
- Certain records, or portions of
records, retained at the Police Department are exempt from inspection and/or copying pursuant to ss 19.36(2),
ss 19.31-19.39, ss 895.50, ss 905.09, ss 905.10, ss 938.293, and ss 938.396, Wis. Statutes, and the Federal
Freedom of Information Act.
- The Chief of Police is the legal
custodian of the records for the department. The Chief of Police has designated the Captain of Police, Lieutenant
of Police, and Investigator as deputy record custodians. Upon review of the department, available
records will be available for inspection and/or copying from 7:30 A.M. to 4:30 P.M. on Monday through Friday;
excluding holidays. Immediate inspection of such records may be delayed if the
content of the record dictates review by the Village Attorney, the District Attorney, or the records
custodian to determine if that record can be legally inspected by the requester.
- No person will be allowed to remove
an original Police Department record from the Departments designated area for inspection of the record.
In accordance with ss 19.35(1)(k), Wis. Statutes, the
record custodian and deputy custodians reserve the right to place reasonable restrictions
on the manner of access to an original record if the record is irreplaceable or easily damaged.
- The Department is not required
to purchase or lease photocopying, duplicating, photographic or other equipment, or to provide a separate
room for inspection, copying or abstracting of records.
- Fees for providing copies of Department
records are authorized by statute.
The current fee is: 25c per sheet of paper.
Photo Costs:
$1.25 Full Page
$0.75 Small Page
Estimates of other media available upon request.
- The Local Public Office within
this agency is: CHIEF OF POLICE.
POSTED:
OCTOBER 2, 2003
JUVENILE RECORDS
Wis. Statute 938 provides information in regards to the release of any records
that pertain to a juvenile. A Juvenile is defined as anyone less than
18 years of age. However, for the purpose of prosecuting a person who is alleged to have violated a Federal
Law, State Law, Civil Law, or a Municipal Ordinance, Juvenile does not include
a person who has attained 17 years of age.
Juvenile Records will NOT be released (regardless
of the classification of the juvenile) unless there is an exemption by law. The prohibition against inspection
or disclosure of law enforcement records involving juveniles does not apply to:
- Media representatives who wish
to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved.
- Victim-witness coordinators.
- Victims of a juveniles act who
wish to obtain information for the purpose of recovering for any loss, damage or injury suffered as a result
of the juveniles act.
- Insurance Companies that wish to
obtain information for the purpose of investigating a claim involving the juvenile.
- The confidential exchange of information
between the police and officials of the school attended by the juvenile, or other law enforcement or social
welfare agencies.
- Records of juveniles 10 years old
or older who are subject to jurisdiction of criminal (adult) court.
Hartland Police Department Policy (Chapter 5.3) provides the specific detail as
to when juvenile records may or may not be released.
POSTED: OCTOBER 2, 2003
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