[HISTORY: Adopted by the Board of Supervisors
of Price County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-15-1983 by Ord. No. 1-83]
As used in this article, the following terms
shall have the meanings indicated:
Any of the following having custody of a record: an office,
elected official, agency, board, commission, committee, council, department
or public body corporate and politic created by constitution, law,
ordinance, rule or order, or a formally constituted subunit of the
foregoing.
Any material on which written, drawn, printed, spoken, visual,
or electromagnetic information or electronically generated or stored
data 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, optical disks,
and any other medium on which electronically generated or stored data
is recorded or preserved. "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.[1]
A.
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.
B.
Unless otherwise prohibited by law, the County Clerk
or the Clerk's designee shall act as legal custodian for the County
Board and for any committees, commissions, boards, or authorities
created by ordinance or resolution of the County Board.
D.
Each legal custodian shall name a person to act as
legal custodian in his or her absence or the absence of his or her
designee. This subsection does not apply to members of the County
Board.
E.
The designation of a legal custodian does not affect
the powers and duties of an authority under this article.
Pursuant to § 19.34, Wis. Stats.,
and the guidelines therein listed, 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 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
section does not apply to members of the County Board.
A.
The rights of any person who requests inspection or
copies of a record are governed by the provisions and guidelines of
§ 19.35(1), Wis. Stats.
B.
Each authority shall provide any person who is authorized
to inspect or copy a record which appears in written form pursuant
to § 19.35(1)(b), Wis. Stats., or any person who is authorized
to and requests permission to photograph a record the form of which
does not permit copying pursuant to § 19.35(1)(f), Wis.
Stats., 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.
C.
Fees.
(1)
Each authority shall 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 the law or as listed in the Price County Fee Schedule set by resolution
of the Board of Supervisors.[1]
(2)
Each authority shall impose a fee upon the requester
of a copy for 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.
(3)
Except otherwise provided by law or as authorized
to be prescribed by law, an authority shall 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.
(4)
Each authority shall 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.
(5)
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.
(6)
Each authority shall require prepayment by a requester
of any fee or fees imposed under this subsection if the total amount
exceeds $5.
D.
Each authority, in acting upon a request for any record,
shall respond within the times and according to the procedures set
out in § 19.35(4), Wis. Stats.
If a record contains information that may be
made public and information that may not be made public, the authority
having custody of the record shall provide the information that may
be made public and delete the information that may not be made public
from the record before release. The reasons for denial of access to
a record or to a portion thereof shall be stated by the custodian
in writing to the requester. The requester may request that the District
Attorney review the request for access and denial thereof.
[Adopted 10-11-2011 by Ord. No. 3-11]
The creation and upkeep of records by the agencies and departments
of Price County require the establishment of policies to regulate
the maintenance, retention and disposal of records. The purpose of
this article is to reestablish a County records retention schedule
and authorize destruction of County records pursuant to a uniform
schedule. Records custodians may destroy a record prior to the time
set forth in the schedule only if a record has been reproduced as
an original record pursuant to § 16.61(9) or 16.612, Wis.
Stats. Any record not covered by this article or any other regulation
or law should be retained seven years, unless the record is added
by amendment to this article and the shorter period is approved by
the State Public Records Board.
As used in this article, the following terms shall have the
meanings indicated:
The individual responsible for maintaining records pursuant
to § 19.33, Wis. Stats., and Price County public record
policy.
Is defined in § 19.32(2) Wis. Stats.
The attached records are maintained by the various departments
in the County and are subject to uniform regulation unless otherwise
specified. The retention period and authority for each record are
as attached.[1]
[1]
Editor's Note: The records retention schedule is on file at
the office of the County Clerk.
The following terms and abbreviations are used in the records
retention schedule:
|
AT
|
After termination
|
|
C
|
Confidential
|
|
CR
|
Creation or receipt (typically the retention is calculated from
the creation or receipt of a record, plus the designated number of
years)
|
|
EVT
|
Event (typically the retention is calculated from an event,
such as the close of a case or end of the project, plus the designated
number of years)
|
|
FIS
|
Fiscal (meaning the current fiscal year and the designated number
of years)
|
|
N
|
Notify WHS before destruction
|
|
N/A
|
Not applicable
|
|
P
|
Permanent
|
|
PII
|
Personally identifiable information [has the meaning specified
in § 19.62(5) Wis. Stats.]
|
|
S
|
Until superseded
|
|
W
|
Waived notification
|
|
WHS
|
Wisconsin Historical Society
|
|
WPRB
|
Wisconsin Public Records Board
|
A.
Dispose of (destroy or transfer) records when the minimum retention
period expires.
B.
Records retained beyond the minimum retention period are susceptible
to disclosure and discovery in the context of audits, litigation,
and/or public record requests.
