[HISTORY: Adopted by the Town Board of the
Town of Buchanan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-4-1997 as Ch. 2 of the 1997 Code]
[Amended 11-10-2016 by Res. No. 2016-05]
The Administrator of the Town of Buchanan is
designated as legal custodian of the records of the Town pursuant
to § 19.33, Wis. Stats. The custodian shall have full legal
power to render decisions and carry out the duties of the Town under
the Wisconsin Public Records Law.[1]
[1]
Editor's Note: See §§ 19.21
to 19.39, Wis. Stats.
A.
Organization of Town government. The Town Board is
the governing body of the Town, consisting of five members: Chairperson
and four Town Supervisors.
B.
Public access:
(1)
The public may obtain information and access to public
records by contacting the legal custodian at the Town Hall Monday
through Friday from 8:00 a.m. to 4:00 p.m. or at such other times
as may be determined by the Town Board.
(2)
Requests shall be taken by the custodian who may keep
a record of the information requested:
(3)
Limited access. The custodian may deny a request for access to inspect or copy a specific record on the grounds set forth as exemptions to the requirement that a governmental body meet in open session under § 19.85, Wis. Stats., only if the custodian demonstrates that there is a specific need to restrict public access at the time the request is made. Denials shall be made according to § 128-4 hereof.
(4)
A requestor has the right to inspect the record except
as provided by law. The requestor may receive a copy of the record,
which copies shall be made and provided by the Town as follows:
(a)
Written record by photocopy or other copy substantially
as readable as the original.
(b)
Audio tape recording by audio tape duplication
or written transcript.
(c)
Record which is not in a readily comprehensible
form by copy of the information assembled and reduced to written form
on paper.
(d)
Record not conducive to copying by photograph
provided by the Town or requestor may make photograph personally at
custodian's discretion.
(e)
A request made under this Subsection B(4) must be reasonably specific as to subject matter and length of time and must be in writing before the request can be enforced.
(f)
Identification of the requestor or purpose of
the request shall not be required for copies of the record, but proper
identification shall be provided when the record requested is kept
at a private residence or when security reasons require.
[Amended 8-17-2010 by Ord. No. 2010-03]
Fees for access and copies shall be established
below but shall not exceed the actual, necessary and direct cost of
the service or collection therefor:
B.
Transcription of audio record or of other records:
the fee per hour of secretarial time as set by the Town Fees and Licenses
Schedule or actual cost, whichever is greater.
C.
Photographic reproduction: actual cost, including
but not limited to film, including unused portion necessarily destroyed
by developing process, developing, printing, and other cost.
D.
A fee for the actual necessary and direct cost of time of custodian or other Town employee in locating a record, which shall include the time spent in making copies of the record, except as provided in Subsection B hereof, shall be at the rate per hour as set by the Town Fees and Licenses Schedule; provided, however, that no such locating fee shall be charged to a requestor unless the cost totals $50 or more.
E.
Mailing and shipping: Actual cost of all mailing and
shipping involved in providing requestor with a copy of the records
and statements for services.
F.
Any fee imposed hereunder exceeding $5 shall be prepaid
by the requestor prior to delivery of copies. A requestor shall pay
other fees at delivery or by return mail.
A.
Requests for records shall be allowed or denied as
soon as practical without delay.
B.
Oral requests may be denied orally unless a written
demand for a written statement of reasons is made by the requestor
within five business days of oral denial. Denial of a written request
shall be in writing stating the reasons for the denial.
C.
Written denial shall be in substantially the following
form:
|
TO: (Name and address of requestor)
| |
|
The Town of Buchanan hereby denies your request
to inspect or copy the Town records you described as: (describe records)
for the following reasons:
| |
|
(State specific reasons)
| |
|
If your request for the record was made in writing,
then this determination is subject to review by mandamus under § 19.37(1),
Wis. Stats., or upon application to the Attorney General or a district
attorney.
| |
|
Date:
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D.
Record destruction. No record shall be destroyed after
receipt by the Town of a request for inspection or copying until the
request is granted or until 60 days after denial or as provided in
§ 19.35, Wis. Stats.
A.
The Commissioners of the Darboy Joint Sanitary District
No. 1, being appointed by the Buchanan Town Board pursuant to § 19.33,
Wis. Stats., the legal custodian for the Darboy Joint Sanitary District
No. 1, is hereby designated to be the Secretary of the District, and
said Secretary's business manager is designated deputy custodian to
act in the absence of the Secretary.
B.
The provisions of this chapter shall pertain to and
shall be complied with by the Darboy Joint Sanitary District No. 1.
