[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-20-1994 as §§ 1.30 and 1.31 of the 1994 Code. Amendments noted where applicable.]
This chapter is adopted under authority granted under § 19.35, Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
- Any of the following having custody of a record: an elected official, agency, board, commission, committee, council or department or public body corporate and politic of the Town, 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 is recorded or preserved, regardless
of physical form or characteristics, which has been created or is
being kept by an authority of the Town. "Record" includes, but is
not limited to, handwritten, typed or printed pages, maps, charts,
photographs, film, recordings, tapes (including computer tapes), computer
printouts and optical disks. "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 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.[Amended 4-21-2005]
The Town Board does hereby designate the Town Clerk to be the legal custodian of all records kept in the Town, except those kept by the Treasurer and Assessor, and accordingly such Clerk is the authority under § 82-2 of such records. The Town Assessor is designated to be the legal custodian of his records and the authority under § 82-2, and the Town Treasurer is designated to be the legal custodian of his records and the authority.
Access to records for the purpose of either inspection or copying may be had by giving an oral or written notice to the legal custodian of the records, and it is further provided that the legal custodian shall have at least 48 hours to locate and make available the requested record.
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 law.
Each authority shall impose a fee upon the requester of a copy of a record 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.
Each authority shall impose a fee upon the requester of a record not in printed form on paper, such as films, computer printouts and audio or video tapes, which may not exceed the actual, necessary and direct cost of a copy of such record.
Except as otherwise provided by law or as authorized to be prescribed by law, an authority may 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.
A fee for the actual cost of mailing or shipping of copies of documents will be charged.
A prepayment will be required of any expenses which exceed $5.
An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiving or reducing the fee is in the public interest.
Title and purpose. This section is entitled the "Town of Winneconne Destruction of Obsolete Records Ordinance." The purpose of this section is to provide the Town officers of the Town of Winneconne with the authority to destroy certain obsolete public records in possession of the Town of Winneconne.
Authority. The Town Board of the Town of Winneconne, Winnebago County, Wisconsin, has the specific authority under § 19.21(4), Wis. Sats., to manage and destroy obsolete public records in possession of the Town of Winneconne.
Adoption of section. This section, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, authorizes the powers and establishes the duties of the Town officers of the Town of Winneconne to manage and destroy obsolete public records in the possession of the Town of Winneconne.
Financial records. The Town of Winneconne Town officers, pursuant to § 19.21(5), Wis. Stats., may destroy the financial records, except utility records, of which they are the legal custodians and that are considered obsolete as provided below:
Other records. The Town of Winneconne Town officers, pursuant to § 19.21(5), Wis. Stats., may destroy the following records of which they are the legal custodians and that are considered obsolete: poll lists from the years 1975 to 1979.