(1)
AUTHORITY
CUSTODIAN
RECORD
Definitions. As used in this article, the following terms shall have
the meanings indicated:
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
subunit of the foregoing.
That officer, department head, division head or employee
of the City designated under Subsection (3) below or otherwise responsible
by law to keep and preserve any City records or file, deposit or keep
such records in his office or that is lawfully in possession or entitled
to possession of such public records and who is required by this section
to respond to requests for access to such records.
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.
[1](2)
Duty to maintain records.
(a)
Except as provided under § 1.57 of this article, each officer and employee of the City shall safely keep and preserve all records received from his predecessor or other persons and required by law to be filed, deposited or kept in his office or which are in the lawful possession or control of the officer or employee or his deputies or to the possession or control of which he may be lawfully entitled as such officer or employee.
(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
successor all records then in his custody, and the successor shall
receipt therefor to the officer or employee, who shall file said receipt
with the City Clerk. If a vacancy occurs before a successor is selected
or qualifies, such records shall be delivered to and receipted for
by the City Clerk, on behalf of the successor, to be delivered to
such successor upon the latter's receipt.
(3)
Legal custodians.
(a)
Each elected official is the legal custodian of his records and the
records of his office, but the official may designate an employee
of his staff to act as the legal custodian.
(b)
Unless otherwise prohibited by law, the City Clerk or the City Clerk's
designee shall act as legal custodian for the Council and for any
committees, commissions, boards or other authorities created by ordinance
or resolution of the Council. This shall not include the Police Department,
the Fire Department and the Ambulance Department, whose custodians
shall be the Police Chief, the Fire Chief and the Ambulance Chief,
respectively.
(c)
For every authority not specified in Subsection (3)(a) or (b) above,
the authority's chief administrative officer is the legal custodian
for the authority, but the officer may designate an employee of his
staff to act as the legal custodian.
(d)
Each legal custodian shall name a person to act as legal custodian
in his absence or the absence of his designee. This subsection shall
not apply to the Council.
(4)
Procedural information. 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. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of this section. This section does not apply to members of the Council.
(5)
Public access to records; fees.
(a)
Except as provided in Subsection (7) below, 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 shall 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 shall 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 City employees to inspect, copy or abstract a record.
This subsection does not authorize or require the purchase or lease
of equipment nor does it require the provision of a separate room
for inspection, copying or abstracting of records.
(e)
The authority 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 to defray the cost of locating
and copying records as follows:
1.
A cost per page of photocopying, as determined by the City Clerk,
shall be charged. Said cost shall not exceed the actual, necessary
and direct costs to the authority of reproduction, and such charges
shall be prominently displayed and made available for inspection by
the authority at his office.
2.
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
3.
The actual full cost of providing a copy of other records not in
printed form on paper such as films, computer printouts and audiotapes
or videotapes shall be charged.
4.
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
5.
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 authority and billed to the requester.
6.
The authority shall estimate the cost of all applicable fees and
may require a cash deposit adequate to assure payment if such estimate
exceeds $5.
7.
The authority may provide copies of a record without charge or at
a reduced charge where he determines that waiver or reduction of the
fee is in the public interest.
8.
Elected and appointed officials of the City shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
(6)
Access procedures.
(a)
A request to inspect or copy a record shall be made to the authority.
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 Subsection (5)(f)6 above. 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. When the legal custodian has doubts
as to whether the requested records are exempt from disclosure, in
whole or in part, he shall have three working days to confer with
the City Attorney prior to making a determination. If the legal custodian,
after conferring with the City 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 request in a manner
which would permit reasonable compliance.
(c)
A request for a record may be denied as provided in Subsection (7)
below. 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.
(7)
Limitations on right to access.
(a)
As provided by § 19.36, Wis. Stats., the following records
are exempt from inspection under this section:
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, although the material used as input for a computer
program or the material produced as a product of the computer program
is subject to inspection.
4.
A record or any portion of a record containing information qualifying
as a common law trade secret.
(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 City Attorney, may deny the request, in
whole or in part, only if he 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.
Records of current deliberations after a quasi-judicial hearing.
3.
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
a City officer or employee, unless such officer or employee consents
to such disclosure.
4.
Records concerning current strategy for crime detection or prevention.
5.
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.
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.
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.
(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 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.
(1)
Financial records. A City officer may destroy the following nonutility
records of which he is the legal custodian and which are considered
obsolete after completion of an audit by state auditors or 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 or will, in the future, be
fixed by the Public Records Board, pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:[1]
(a)
Bank statements, deposit books, slips and stubs.
(b)
Bonds and coupons after maturity.
(c)
Cancelled checks, duplicates and check stubs.
(d)
License and permit applications, stubs and duplicates.
(e)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(f)
Receipt forms.
(g)
Special assessment records.
(h)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
(2)
Utility records. City 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 the state auditors
or 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 after two years:[2]
(3)
Other records. Any City officer may destroy the following records
of which he is the legal custodian and which are considered obsolete,
but not less than seven years after the record was effective, unless
another period has been set by statute, or by the State Public Records
Board pursuant to § 16.61(3)(e), Wis. Stats., and then after
such a shorter period:
(a)
Assessment rolls and related records, including Board of Review minutes.
(b)
Contracts and papers relating thereto.
(c)
Correspondence and communications.
(d)
Financial reports other than annual financial reports.
(e)
Insurance policies.
(f)
Oaths of office.
(g)
Reports of boards, commissions, committees and officials duplicated
in the Council minutes.
(h)
Resolutions and petitions.
(i)
Voter record cards.
(4)
Notice required. 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 in § 19.21(4)(a),
Wis. Stats.
(5)
Tape recordings. Any tape recording of a governmental meeting of
the City may be destroyed, erased or reused no sooner than 90 days
after the minutes of the meeting have been approved and published
if the purpose of the recording was to make minutes of the meeting.
(6)
Limitation. This section shall not be construed to authorize the
destruction of any public record after a period less than prescribed
by statute or state administrative regulations.
(7)
Preservation through microfilm. Any City officer or the head of any
department or division of City government may 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 this Code.