As used in this chapter, the following terms
shall have the meanings indicated:
AUTHORITY
Any of the following entities having custody of a Village
record: an office, elected or appointed official, agency, board, commission,
committee, department or public body corporate and politic created
by constitution, law, ordinance, rule or order, or a formally constituted
subunit of the foregoing.
CUSTODIAN
That officer, department head, division head or employee of the Village designated under §
97-3 or otherwise responsible by law to keep and preserve any Village records or file, deposit or keep such records in his office or who 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), 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.
Any Village officer or the director of any department or division of Village government may, subject to the approval of the Village Board, keep and preserve public records in his possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in § 16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of state law and of §§
97-4 through
97-6 of this chapter.
The Village Clerk shall post a copy of this chapter along with notice in substantially the following form: "The right of inspection and copying of any records shall be subject to the provisions of Chapter
97 of the Village Code and Subchapter II of Chapter 19 of the Wisconsin Statutes."
[Added 5-1-2000]
Whenever the Assessor, in the performance of
the Assessor's duties, requests or obtains income and expense information
pursuant to § 70.47(7)(af), Wis. Stats., or any successor
statute thereto, then such income and expense information that is
provided to the Assessor shall be held by the Assessor on a confidential
basis; except, however, that said information may be revealed to and
used by persons in the discharge of duties imposed by law, in the
discharge of duties imposed by office (including but not limited to
use by the Assessor in performance of official duties of the Assessor's
office and use by the Board of Review in performance of its official
duties), or pursuant to order of a court. Income and expense information
provided to the Assessor under § 70.47(7)(af), Wis. Stats.,
unless a court determines that it is inaccurate, is, per § 70.47(7)(af),
Wis. Stats., not subject to the right of inspection and copying under
§ 19.35(1), Wis. Stats.