[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Secs. 1.25 to 1.33 of the 1986 Town Code. Amendments noted where
applicable.]
In recognition of the fact that a representative government
is dependent upon an informed electorate, it is declared to be the
public policy of this Town that all persons are entitled to the greatest
possible information regarding the affairs of government and the official
acts of those officers and employees who represent them. Further,
providing persons with such information is declared to be an essential
function of a representative government and an integral part of the
routine duties of officers and employees whose responsibility it is
to provide such information.
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following Town entities having custody of a Town
record: an office, elected or appointed official, agency, board, commission,
committee, council, municipal court, 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 Town designated under § 57-4 or otherwise responsible by law to keep and preserve any Town 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.
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), and computer
printouts. "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.
A.
Except as provided under § 57-8, each officer and employee of the Town 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 give a receipt therefor to the officer or employee, who shall
file such receipt with the Town Clerk. If a vacancy occurs before
a successor is selected or qualifies, such records shall be delivered
to and be receipted for by the Clerk, on behalf of the successor,
to be delivered to such successor upon the latter's receipt.
A.
Each elected or appointed official is the legal custodian of his
or her records and the records of his or her office, but the official
may designate an employee of his or her staff to act as the legal
custodian.
B.
Unless otherwise prohibited by law, the Town Clerk or the Clerk's
designee shall act as legal custodian for the Town Board and for any
committees, commissions, boards or other authorities created by ordinance
or resolution of the Town Board.
D.
Each legal custodian shall name a person to act as legal custodian
in his or her absence or the absence of his or her designee.
E.
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority under Subch. II of Ch.
19, Wis. Stats., and this chapter. The designation of a legal custodian
does not affect the powers and duties of an authority under this chapter.
A.
Except as provided in § 57-6, 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 Town 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 to defray the cost of locating
and copying records as follows:
(1)
The cost of photocopying shall be $0.25 per page. Such cost has been
calculated not to exceed the actual, necessary and direct cost of
reproduction.
(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 legal custodian and billed to the requester.
(6)
The legal custodian shall estimate the cost of all applicable fees
and may require a cash deposit adequate to assure payment if such
estimate exceeds $5.
(7)
Elected and appointed officials of the Town shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
(8)
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. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of §§ 57-5 through 57-8. This subsection does not apply to members of the Town 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 the 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 § 57-5F(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 Town 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 § 57-7. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons 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 by § 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, 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 Town 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)
Records of current deliberations after a quasijudicial hearing.
(3)
Records of current deliberations regarding any Town officer or employee
concerning employment, dismissal, demotion, compensation, performance
or discipline, or the investigation of charges against a Town 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 Town property, investing of Town funds or other Town 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 Town and any officer,
agent or employee of the Town, when advice is being rendered concerning
strategy with respect to current litigation in which the Town 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 Town Attorney prior to releasing any such record
and shall follow the guidance of the Town Attorney when separating
out the exempt material. If, in the judgment of the custodian and
the Town 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.
[Amended 4-2-2001]
A.
Purpose. The purpose of this section is to establish records retention
schedules and authorize destruction of records pursuant to the schedule
on an annual basis. Records custodians do not have the authority to
destroy records prior to the established retention period unless such
records have been photographically reproduced as original records
pursuant to § 16.61(7), Wis. Stats., and under this section.
B.
Destruction after request for inspection. No requested record may
be destroyed until after the request is granted or 60 days after the
request is denied. If an action is commenced under § 19.37,
Wis. Stats., the requested record may not be destroyed until a court
order is issued and all appeals have been completed.
C.
Destruction pending litigation. No record subject to pending litigation
shall be destroyed until the litigation has been resolved.
D.
Microfilming records. Any records can be kept on microfilm, provided
the applicable standards established in § 16.61(7), Wis.
Stats., are met. Factors such as retention periods and estimated costs
and benefits of converting records between different media should
be considered in deciding whether or not to microfilm. The retention
periods identified in this chapter apply to records in any media.
E.
Historical records. The State Historical Society of Wisconsin (SHSW)
has waived the required sixty-day statutory notice under § 19.21(4)(a),
Wis. Stats., for the records marked "WI," which designates waived
notice. SHSW must be notified prior to the destruction of records
marked "N," designating nonwaiver. "N/A" indicates "not applicable"
and applies to all records designated for permanent retention.
F.
Town officers may destroy the following nonutility financial records
of which they are the legal custodians and which are considered obsolete
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:
|
Retention
|
SHSW* Notification
| ||
|---|---|---|---|
|
Bank statements, deposit books, slips and stubs
|
CR + 7
|
W
| |
|
Cancelled checks, duplicates and check stubs
|
CR + 7
|
W
| |
|
Receipt forms
|
CR + 7
|
W
| |
|
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto
|
CR + 7
|
W
| |
|
Bonds and coupons after maturity
|
EVT + 7
|
W
| |
|
License and permit applications, stubs and duplicates
|
CR + 7
|
W
| |
|
Official bonds
|
CR + 7
|
W
| |
|
Payrolls and other time and employment records of personnel
included under the Wisconsin Retirement Plan
|
CR + 7
|
W
| |
|
Special assessment records
|
CR + 7
|
W
|
|
NOTE:
| ||
|---|---|---|
|
*
|
State Historical Society of Wisconsin
| |
G.
Town officers may destroy the following utility 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 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 sewer and water stubs, receipts of current billings
and customers' ledgers may be destroyed after two years:
|
Retention
|
SHSW* Notification
| ||
|---|---|---|---|
|
Contracts
|
CR + 7
|
W
| |
|
Excavation permits
|
CR + 7
|
W
| |
|
Inspection records
|
CR + 7
|
W
| |
|
Water stubs
|
CR + 2
|
W
| |
|
Sewer rental charge stubs
|
CR + 2
|
W
| |
|
Receipts of current billings
|
CR + 2
|
W
| |
|
Customers' ledgers
|
CR + 2
|
W
|
H.
Town officers may destroy the following records of which they are
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 forth below or 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:
|
Retention
|
SHSW* Notification
| |||
|---|---|---|---|---|
|
Insurance policies
| ||||
|
1.
|
12 years for policies relating to workers compensation
|
EVT + 12
|
W
| |
|
2.
|
Permanent retention of master policies
|
P
|
N/A
| |
|
3.
|
7 years for all others
|
EVT + 7
|
W
| |
|
Assessment rolls and related records, including Board of Review
minutes, shall be maintained for 20 years
|
CR + 20
|
N
| ||
|
Contracts and papers relating thereto
|
CR + 7
|
W
| ||
|
Correspondence and communications
|
CR + 7
|
W
| ||
|
Financial reports, other than annual financial reports
|
CR + 7
|
W
| ||
|
Oaths of office
|
CR + 7
|
W
| ||
|
Reports of boards, commissions, committees and officials duplicated
in the Council minutes may be destroyed after 1 year
|
CR + 1
|
W
| ||
|
Petitions
|
CR + 7
|
W
| ||
|
Traffic forfeiture case files may be destroyed after 2 years
from date of adjudication
|
EVT + 2
|
W
| ||
|
Ordinance violation case files may be destroyed after 2 years
from date of adjudication
|
EVT + 2
|
W
| ||
I.
Any tape recordings of a governmental meeting of the Town 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.
J.
Police Department records. All of the records listed below have been
given a "W" designation by the State Historical Society of Wisconsin.
Required statutory sixty-day notice under § 19.21(4)(a),
Wis. Stats., has been waived for these records.
|
Retention
|
SHSW* Notification
| ||
|---|---|---|---|
|
Radio tape recordings
|
CR + 120 days
|
W
| |
|
Videotapes of patrol activities
|
CR + 120 days
|
W
| |
|
Overnight parking permissions
|
CR + 120 days
|
W
| |
|
Jail register
|
CR + 7 years
|
W
| |
|
Personnel files
|
CR + 7 years
|
W
| |
|
Incidents and complaints
|
CR + 7 years
|
W
| |
|
Arrest records, including support documents
|
EVT + 7 years
|
W
| |
|
Traffic and parking ordinance violations
|
EVT + 1 year
|
W
| |
|
Municipal ordinance violations
|
EVT + 2 years
|
W
| |
|
Traffic accident reports
|
EVT + 8 years
|
W
| |
|
Juvenile violation reports
|
EVT + 7 years
|
W
| |
|
Municipal or circuit court dockets (final decision)
|
EVT + 180 days
|
W
| |
|
Fine and fee collection record
|
CR + 3 years
|
W
| |
|
Correspondence
|
CR + 7 years
|
W
| |
|
Purchase orders
|
EVT + 7 years
|
W
| |
|
License and permit applications and related investigations
|
EVT + 7 years
|
W
| |
|
Bicycle licenses
|
EVT + 3 years
|
W
| |
|
Administrative reports and statistics
|
CR + 7 years
|
W
| |
|
Property inventory reports
|
EVT (until superseded)
|
W
| |
|
Calls for service logs
|
CR + 3 years
|
W
| |
|
Vacant property check requests
|
CR + 2 years
|
W
| |
|
Vehicle maintenance records
|
Date of disposal + 3 years
|
W
| |
|
Radio logbooks
|
CR + 3 years
|
W
| |
|
Teletype message records
|
CR + 3 years
|
W
| |
|
Dispatch case number assignments
|
CR + 3 years
|
W
|
K.
Election records. All materials and supplies associated with an election
may be destroyed according to the following schedule unless there
is a recount or litigation pending with respect to the election:
|
Retention
|
SHSW* Notification
| ||
|---|---|---|---|
|
Contents of a blank ballot box, unused ballots and materials
|
EVT + 3 business days after the canvass is complete
|
W
| |
|
Voter serial number slips
|
EVT + 90 days after the canvass is complete
|
W
| |
|
Voting machine records
|
EVT + 14 days after a primary; 21 days after an election**
|
W
| |
|
Detachable recording units electronic
|
EVT + 14 days after a primary; 21 days after an election***
|
W
| |
|
Ballots (state, county, local)
|
EVT + 30 after the election
|
W
| |
|
Ballots (federal offices)****
|
EVT + 22 months after election
|
W
| |
|
Applications for absentee ballots (for federal election ballots)
|
EVT + 90 days after election; 22 months after election for federal
offices
|
W
| |
|
Forms associated with election, such as tally sheets, inspector's
statements and nomination papers
|
EVT + 90 days after election; 22 months after election for federal
offices
|
W
| |
|
Official canvass statements
|
EVT + 10 years after election
|
W
| |
|
Registration and poll lists — nonpartisan primaries and
elections
|
EVT + 2 years after election for which they were created
|
W
| |
|
Registration and poll lists — partisan primaries and elections
|
EVT + 4 years after election for which they were created
|
W
| |
|
Cancelled registration cards
|
EVT + 4 years after cancellation
|
W
| |
|
Election notices
|
EVT + 1 year after the election; 22 months for federal election
|
W
| |
|
Proof of publication and correspondence relative to publications
|
EVT + 1 year after the election; 22 months for federal election
|
W
| |
|
Campaign registration
|
EVT + 6 years after termination statements by the registrant
|
W
| |
|
Campaign finance reports
|
EVT + 6 years after date of receipt
|
W
|
|
NOTES:
| ||
|---|---|---|
|
*
|
The State Historical Society of Wisconsin (SHSW) has designated
the above records as "W," signifying waived notice.
| |
|
**
|
The Governor may by order permit the clearing of voting machine
recorders before this date if a special election is called.
| |
|
***
|
Before units can be cleared or erased, the following information
must be transferred to a disk or other recording medium and retained
for 22 months.
| |
|
****
|
Federal offices are President of the United States, United States
Senator and Representative.
| |
L.
Legend.
(1)
"Retention period" refers to the time that the identified records
must be kept until destruction.
(2)
"CR" stands for "creation," which usually refers to receipt or creation
of the record.
(3)
"EVT" stands for "event" and refers to an occurrence that starts
the retention "clock ticking"; e.g., close of contract, termination
of employee and disposition of a case are common "events."
(4)
"P" stands for "permanent retention."
(5)
"W" indicates that records are not historical and the required notification
is waived.
(6)
N indicates that records may have secondary historical value and
therefore SHSW notification is required on a case-by-case basis prior
to destruction.
(7)
"N/A" stands for "not applicable" and refers to those circumstances
where a local government unit is retaining a record permanently.
Any Town officer or the director of any department or division of Town government may, subject to the approval of the Town Board, 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 §§ 57-5 through 57-8 of this chapter.
