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 City 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. To that end,
the provisions of this chapter shall be construed in every instance
with a presumption of complete public access, consistent with the
conduct of governmental business.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTHORITY
Any City entity having custody of a City record, including
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
submit of the foregoing.
CUSTODIAN
That officer, department head, division head or employee of the City designated under §
19.04 below or otherwise responsible by law to keep and preserve any City records or file, deposit or keep such records in his or her office or is lawfully in possession or entitled to possession of such public records and who is required by this chapter to respond to requests for access to such records.
RECORD
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) and computer printouts.
"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.
The following regulations shall apply to all requests for inspection
and/or copies of City records:
(1)
Public records will be available for inspection during all normal
office hours.
(2)
A person requesting a record does not have to provide his or
her name nor the reason for the request; however, no inspection of
records shall be permitted without supervision. Inspection requests
involving lengthy supervision shall be subject to adjournment from
time to time in order to allow the supervising employee an opportunity
to meet other work priorities.
(3)
Requests for copies of public records must be submitted in writing
and must reasonably describe the document to which access is sought.
A request may be made orally, but a request must be in writing before
an action to enforce the request is commenced under W.S.A. s. 19.37.
(4)
The legal custodian shall have five days in which to respond
to written requests. If, after conferring with the City Attorney,
the legal custodian determines that a written request is so general
as to be unduly time consuming, the party making the request may first
be required to itemize his or her request in a manner which would
permit reasonable compliance.
(5)
The cost of photocopying shall be in an amount as set by Council
resolution. If a copy is requested to be digitally reproduced or copies
of a tape made, the fee for same shall be as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(6)
If the form of a written record does not permit copying, the
actual and necessary cost of photographing and photographic processing
shall be charged. The cost of providing a copy of other records not
in printed form on paper such as films, computer printouts, audio
and visual tapes, and magnetic media shall be in an amount as set
by Council resolution.
[Amended 6-8-2011 by Ord. No. 1781]
(7)
There shall be no charge for locating a record unless the actual
cost therefor exceeds $50, in which case the actual cost shall be
determined by the legal custodian and billed to the requester.
(8)
The legal custodian, in his or her sole discretion, may estimate
the cost of inspection and/or copying and require a cash deposit adequate
to assure payment if such estimate exceeds $5.
(9)
Elected and appointed officials of the City shall not be required
to pay for public records that they may reasonably require for the
proper performance of their official duties.
(10)
The legal custodian may provide copies of a record without charge
or at a reduced charge where he or she determines that waiver or reduction
of the fee is in the public interest.
(11)
The fee charged for each parcel of information given to mortgage
institutions, banks, title companies, etc., for tax payments shall
be in an amount as set by Council resolution.
[Amended 6-13-2001 by Ord. No. 1490; 6-8-2011 by Ord. No. 1780]
(12)
Requests for property information from the Assessor's office
shall be responded to within two working days of receiving a written
request. No request shall be responded to until payment of fees set
by Council resolution.
[Added 8-10-2005 by Ord. No. 1625]
Pursuant to W.S.A. s. 19.34, and the guidelines therein listed, the Clerk-Treasurer is authorized and directed to reproduce §§
19.04,
19.05 and
19.06 of this chapter as a notice for the guidance of the public, prominently display same at City Hall and make copies available upon request to the general public. Said notice shall contain the following introduction:
|
"NOTICE OF POLICY REGARDING REQUESTS FOR INSPECTION AND/OR COPIES
OF CITY OF SHAWANO RECORDS. The City of Shawano, in recognition of
the fact that a representative government is dependent upon an informed
electorate, has adopted the following policy regarding requests for
information about the affairs of City government and the official
acts of those officers and employees who represent the City."
|