[HISTORY: Adopted by the Common Council of
the City of Burlington 12-19-2000 by Ord. No. 1646(50). Amendments
noted where applicable.]
A.
Unless provided below, the City Administrator is designated
as legal custodian of all records of the City departments, boards,
committees and commissions. The following offices or departments shall
have as the legal custodian of records the individual so named:
|
Office or Department
|
Legal Custodian
| |
|---|---|---|
|
General City records
|
City Administrator
| |
|
(including Council)
| ||
|
Fire Department
|
Fire Chief
| |
|
Police Department
|
Chief of Police
| |
|
Financial records
|
City Treasurer
| |
|
Municipal Library
|
Librarian
| |
|
City Attorney's office
|
City Attorney
| |
|
Water/Wastewater Utilities
|
Utility Manager
|
B.
Each legal custodian shall name a person to act as
legal custodian in his or her absence or in the absence of his or
her designee, and each legal custodian shall send notice of the designated
deputy to the City Administrator.
All City offices or departments, boards, committees
and commissions that adopt a policy shall do so in writing and shall:
A.
Designate a custodian and an alternate to act as a
custodian in the absence of the primary custodian.
B.
Designate within the written policy the office hours
during which a records request may be made.
C.
Provide that all such requests shall be made in writing
or otherwise reduced to writing.
D.
Provide for the payment of fees not inconsistent with
this policy.
E.
Provide a draft for approval by the City Attorney.
No policy or any changes thereto shall be implemented without the
approval of the City Attorney.
All City offices or departments that have adopted a policy or that will adopt a policy pursuant to § 67-2 shall provide a copy of such policy to the City Clerk, who shall maintain a policy file and use it to redirect records requests to the appropriate custodian.
All records requests determined by the custodian
to be other than routine shall be directed to the office of the City
Attorney for review and recommendation.
Records requests made to the office of the City
Administrator shall:
A.
The Clerk's office shall charge the person requesting
information the following fees:
(1)
A fee set by the Common Council to reproduce and fill
the request by photocopying or producing a copy of an audio tape,
video tape, compact disc or other recording.
[Amended 3-15-2005 by Ord. No. 1775(27)]
(2)
The actual and necessary costs of reproducing engineering
drawings, plans and specifications.
(3)
If it is necessary to photograph the information,
the actual necessary and direct cost of photographing.
(4)
The actual, necessary and direct search fees if they
exceed an amount set by the Common Council. Search fees shall be charged
on an hourly basis, at a rate set by the Common Council. In the event
it is necessary to use nonclerical personnel in the search, their
time will be charged at their existing hourly rate plus benefits.
(5)
The actual, necessary and direct cost of mailing.
B.
When the estimated and/or actual charges exceed an
amount set by the Common Council, the Clerk shall require prepayment.
C.
The legal custodian may provide copies of the record
without charge or at a reduced charge if he or she determines that
waiver or reduction of the fee is in the public interest.
[1]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
A.
Except as provided, any person has a right to inspect
a record and to make or receive a copy of any record as provided in
§ 19.35(1), Wis. Stats.
B.
Records will be available for inspection and copying
during all regular office hours.
C.
If regular office hours are not maintained at the
location records are kept, the custodian will use his/her best efforts
to have records available for inspection and copying upon at least
72 business hours' advance notice of intent to inspect or copy.
D.
The legal custodian may require supervision during
inspection or may impose other reasonable restrictions on the manner
of access to an original record if the record is irreplaceable or
easily damaged.
E.
Pursuant to § 19.34, Wis. Stats., and the
guidelines therein listed, each department, board, committee or commission
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 cost thereof. This subsection does not apply to members of
the Common Council.
A.
As provided in § 19.36, Wis. Stats., the
following records are exempt from inspection under this chapter:
(1)
Records specifically exempted from disclosure by state
or federal law or authorized to be exempted from disclosure by state
law.
(2)
Any record relating to investigative information obtained
for law enforcement purposes wherever federal law or regulations require
exemption from disclosure or if exemption from disclosure is a condition
to receipt of aids by the state.
(3)
Computer programs and files, although the material
used as input for a computer program/file or the material produced
as a product of the computer program is subject to inspection.
B.
As provided by § 43.30, Wis. Stats., public
library circulation records are exempt from inspection under this
section.
C.
In responding to a request for inspection or copying
a record which is not specifically exempt from disclosure, the legal
custodian, after conferring with the City Attorney, may deny the request,
in whole or in part, only if he or she determines that the harm to
the public interest resulting from disclosure would outweigh the public
interest in full access to the requested record. Examples of matters
for which disclosure may be refused include, but are not limited to,
the following:
(1)
Records obtained under official pledges of confidentiality
which were necessary and given in order to obtain the information
contained in them.
(2)
Pursuant to § 19.85(1)(a), Wis. Stats.,
records of current deliberations after a quasi-judicial hearing.
(3)
Pursuant to § 19.85(1)(b) and (c), Wis.
Stats., records of current deliberations concerning employment, dismissal,
promotion, demotion, compensation, performance, or discipline of any
City officer or employee, or the investigation of charges against
the City officer or employee, unless such officer or employee consents
to such disclosure.
(4)
Pursuant to § 19.85(1)(d), Wis. Stats.,
records concerning current strategy for crime detection or prevention.
(5)
Pursuant to § 19.85(1)(e), Wis. Stats.,
records of current deliberations or negotiations on the purchase of
City property, investing of City funds, or other City business whenever
competitive or bargaining reasons require nondisclosure.
(6)
Pursuant to § 19.85(1)(f), Wis. Stats.,
financial, medical, social or personal histories or disciplinary data
of specific persons which, if disclosed, would be likely to have a
substantial adverse effect upon the reputation of any person referred
to in such history or data.
(7)
Pursuant to § 19.85(1)(g), Wis. Stats.,
communications between legal counsel for the City and any officer,
agent or employee of the City, when advice is being rendered concerning
strategy with respect to current litigation in which the City or any
of its officers, agents or employees is or is likely to become involved,
or communications which are privileged under § 905.03, Wis.
Stats.
(8)
Pursuant to § 19.85(1)(h), Wis. Stats.,
requests for confidential written advice from an ethics board and
records of advice given by such ethics board on such request.
D.
If a record contains information that may be made
public and information that may not be made public, the custodian
of 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 custodian shall confer with the City Attorney
prior to releasing any such record and shall follow the guidance of
the City Attorney when separating out the exempt material. If in the
judgment of the custodian and the City Attorney there is no feasible
way to separate the exempt material from the nonexempt material without
unreasonably jeopardizing nondisclosure of the exempt material, the
entire record shall be withheld from disclosure.
A.
Except as provided under § 67-10 below, each officer and employee of the City shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees.
B.
Upon expiration of an officer's term of office or
an employee's term of employment, or whenever the office or position
of employment becomes vacant, each such officer or employee shall
deliver to his or her successor all records then in his or her custody
and the successor shall receipt therefor to the officer or employee,
who shall file the receipt with the City Administrator. If a vacancy
occurs before a successor is selected or qualified, such record shall
be delivered to and receipted for by the Administrator, on behalf
of the successor, to be delivered to such successor upon the latter's
receipt.
[Amended 11-18-2003 by Ord. No. 1740(20); 1-7-2020 by Ord. No. 2054(20)]
The City of Burlington hereby adopts and incorporates herein
the General Records Schedule for Wisconsin Municipal and Related Records
approved by the Wisconsin Public Records Board on August 27, 2018.
