Must a records custodian comply
with a public records request when the requester requests not only that
the custodian provide current records of a certain type but also
requests that the custodian provide the requester with copies of all
similar records that are created in the future?
The records custodian must provide a
requester with records that currently exist, assuming that the records
are not statutorily exempt or that the balancing test does not indicate
that the records in question should be withheld. However, the custodian
does not have to comply with an ongoing request for certain types of
records. The custodian can deny the request for future records of that
type on the grounds that those records do not currently exist, and on
the ground that that part of the request is deemed not reasonably
limited with regard to its length of time as required by sec.
19.35(1)(h) of the Wisconsin statutes.