[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 2, Ch. 9, of the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The total cost of personnel, including wages, fringe benefits
and all other benefits and overhead related to the time spent in search
of records.
Any of the following Village entities having custody of a
Village record: 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 subunit of the foregoing.
That officer, department head, division head, or employee of the Village designated under § 145-3 or otherwise responsible by law to keep and preserve any Village records or file, deposit or keep such records in his or her 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.
The actual cost of personnel plus all expenses for paper,
copier time, depreciation and supplies.
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 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.[1]
A.
Except as provided under § 145-8, each officer and employee of the Village 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 the 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 the 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
said receipt with the Village Clerk-Treasurer. If a vacancy occurs
before a successor is selected or qualifies, such records shall be
delivered to and receipted for by the Clerk-Treasurer, on behalf of
the successor, to be delivered to such successor upon the latter's
receipt.
A.
Each elected official is the legal custodian of his or her records
and the records of his or her office, but the official may designate
the Village Clerk-Treasurer to act as the legal custodian.
B.
Unless provided in Subsection C, the Village Clerk-Treasurer or the Clerk-Treasurer's designee shall act as legal custodian for the Village Board and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the Village Board. The following offices or authorities shall have as a legal custodian of records the individual so named:
|
Authority
|
Designated Legal Custodian
| |
|---|---|---|
|
Village Assessor's office
|
Village Assessor
| |
|
General Village records (including Board records)
|
Village Clerk-Treasurer
| |
|
Building Inspector's office
|
Village Building Inspector
| |
|
Fire Department
|
Fire Chief
| |
|
Police Department
|
Chief of Police
| |
|
Village Attorney's office
|
Village Attorney
|
D.
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 Village Clerk-Treasurer.
E.
The Village Clerk-Treasurer shall establish criteria for establishing
the records system and shall cause the department/office records system
to be reviewed on an annual basis.
A.
Except as provided in § 145-6, 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 where
records are kept, the records will be available for inspection and
copying upon at least 48 hours' advance notice of intent to inspect
or copy.
D.
A requester shall be permitted to use facilities comparable to those
available to Village employees to inspect, copy or abstract a record.
E.
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.
F.
A requester shall be charged a fee set by the Village Board to defray
the cost of copying records.[1]
(1)
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
(2)
The actual full cost of providing a copy of other records not in
printed form on paper, such as films, computer printouts, audiotapes
and videotapes, shall be charged.
(3)
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
(4)
There shall be no charge for locating a record unless the actual
cost thereof exceeds $50, in which case the actual cost shall be determined
by the legal custodian and billed to the requester.
(5)
The legal custodian shall estimate the cost of all applicable fees
and shall require a cash deposit adequate to assure payment, if such
estimate exceeds $5.
(6)
Elected and appointed officials of the Village shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
(7)
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.
G.
Pursuant to § 19.34, Wis. Stats., and the guidelines therein
listed, each authority 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 costs thereof. This subsection does not
apply to members of the Village Board.
A.
A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under § 19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under § 145-4F(5). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
B.
Each custodian, upon request for any record, shall, as soon as practicable
and without delay, either fill the request or notify the requester
of the authority's determination to deny the request in whole
or in part and the reasons therefor. If the legal custodian, after
conferring with the Village Attorney, 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.
C.
A request for a record may be denied as provided in § 145-6. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that, if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.
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 if 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; and
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 of a record
which is not specifically exempt from disclosure, the legal custodian,
after conferring with the Village 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 Village
officer or employee, or the investigation of charges against a Village
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 Village property,
investing of Village funds, or other Village 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 Village and any officer, agent or employee
of the Village, when advice is being rendered concerning strategy
with respect to current litigation in which the Village 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 requests.
D.
If a record contains information that may be made public and information
that may not be made public, the custodian of the 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 Village Attorney prior to releasing any such
record and shall follow the guidance of the Village Attorney when
separating out the exempt material. If, in the judgment of the custodian
and the Village 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.
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 the 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.
A.
Village officers may destroy the following nonutility financial records
of which they are the legal custodians and which are considered obsolete,
after completion of any required audit by an auditor licensed under
Ch. 442, Wis. Stats., but not less than seven years after payment
or receipt of any sum involved in the particular transaction, unless
a shorter period has been fixed by the State Public Records Board
pursuant to § 16.61(3)(e), Wis. Stats., and then after such
shorter period:[1]
(1)
Bank statements, deposit books, slips and stubs.
(2)
Bonds and coupons after maturity.
(3)
Canceled checks, duplicates and check stubs.
(4)
License and permit applications, stubs and duplicates.
(5)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(6)
Receipt forms.
(7)
Special assessment records.
(8)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
B.
Village officers may destroy the following utility records of which
they are the legal custodians and which are considered obsolete after
completion of any required audit by an auditor licensed under Ch.
442, Wis. Stats., subject to State Public Service Commission regulations,
but not less than seven years after the record was effective, unless
a shorter period has been fixed by the State Public Records Board
pursuant to § 16.61(3)(e), Wis. Stats., and then after such
a shorter period, except that water stubs, receipts of current billings
and customers' ledgers may be destroyed not less than two years
after payment or receipt of the sum involved or the effective date
of said record:[2]
C.
Village officers may destroy the following records of which they
are the legal custodians and which are considered obsolete, but not
less than seven years after the record was effective, unless another
period has been set by statute, and then after such a period, or unless
a shorter period has been fixed by the State Public Records Board
pursuant to § 16.61(3)(e), Wis. Stats., and then after such
a shorter period:
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communications.
(3)
Financial reports other than annual financial reports.
(4)
Justice dockets.
(5)
Oaths of office.
(6)
Reports of boards, commissions, committees and officials duplicated
in the Village Board proceedings.
(7)
Election notices and proofs of publication.
(8)
Canceled voter registration cards.
(9)
Official bonds.
(10)
Police records other than investigative records.
(11)
Resolutions and petitions, provided that the text of the same
appears in the official Village minutes.
D.
Notwithstanding the above provisions appearing in this section, it
is intended hereby that election materials may be destroyed according
to lesser time schedules as made and provided in § 7.23,
Wis. Stats.
E.
Unless notice is waived by the State Historical Society, at least
60 days' notice shall be given the State Historical Society prior
to the destruction of any record as provided by § 19.21(4)(a),
Wis. Stats.
F.
Any tape recordings of a governmental meeting of the Village may
be destroyed, erased or reused no sooner than 90 days after the minutes
of the meeting have been approved and posted/published, if the purpose
of the recording was to make minutes of the meeting.
Any Village officer or the director of any department or division of Village government may, subject to the approval of the Village Clerk-Treasurer, keep and preserve public records in his or her 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 §§ 145-4 through 145-6 of this chapter.
