[HISTORY: Adopted by the Town Board of the Town of Genesee at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
The purpose of this chapter is to specify retention periods for certain Town records and to allow access to the same extent, and in the same manner, as allowed by state law.
As used in this chapter, the following terms shall have the meanings indicated:
- LEGAL CUSTODIAN
- The individual responsible for maintaining records pursuant to § 19.33, Wis. Stats., subject to such designation and delegation of duties as described in the duly adopted notice prepared and posted, and as may be modified by the Town Board from time to time, pursuant to § 19.34(1), Wis. Stats.
- Has the meaning defined in § 19.32(2), Wis. Stats.
- Has the meaning defined in § 19.32(3), Wis. Stats.
The Town legal custodians shall maintain all records for the retention period and for any additional time period as described in § 162-6 below, if applicable. Thereafter, after the State Historical Society has waived receipt of the records (see § 162-5 below), the legal custodian may destroy the records.
The Town Board, by separate resolution, may adopt a schedule which describes the minimum time periods for which records shall be maintained by a legal custodian of the Town of Genesee. Said resolution may be amended from time to time, as described below, and the resolution and any amendments thereto are incorporated herein by reference.
The retention schedule resolution shall be subject to the review and approval of the State of Wisconsin Public Records Board. The retention schedule resolution shall not be modified in a manner that reduces the retention periods described in any such retention schedule resolution, or which adds additional documents to the schedule, unless those reductions or retention periods for additional documents are first reviewed and approved by the Wisconsin Public Records Board.
Any record that is not described in the retention schedule shall be maintained for a minimum of seven years and may be destroyed thereafter, unless a longer retention period is required by § 162-6 below or by state statute, rule, or other applicable law.
Unless and until described otherwise in any such approved retention schedule resolution, the following minimum retention periods shall apply:
Town 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 the 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 by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then after such shorter period:
Town 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:
Town 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:
The Wisconsin State Historical Society may waive the notice that would otherwise be required prior to destruction of certain records as described in the Town retention schedule, at such time as it may be adopted and approved.
In the event that the retention schedule does not specifically note the Wisconsin State Historical Society's waiver regarding any particular record, then the Wisconsin State Historical Society must be given 60 days' written notice prior to destruction of the record, as described in § 19.21(4)(a), Wis. Stats.
In addition to the retention period described herein or hereafter established, records shall be maintained for the following additional time periods:
A record that is existing at the time of a request shall not be destroyed until after the request is granted or, in the event the request is denied, until at least the time period described in § 19.35(5), Wis. Stats., has passed from the date of the denial.
A record that is existing at the time that the legal custodian receives written notice that a mandamus action relating to the record has been commenced pursuant to § 19.37, Wis. Stats., shall not be destroyed until the final court order is issued in the action and the appeals are exhausted, as further described in § 19.35(5), Wis. Stats.
A record that is known by the legal custodian to be relevant to litigation or audit that is pending at the time that the record would otherwise be destroyed shall not be destroyed until the litigation or audit is resolved.
Records may be kept and preserved through the use of microfilm or another reproductive device, optical imaging, electronic formatting, or any other reproduction format authorized by § 19.21(4)(c), Wis. Stats., and said reproduction shall be deemed an original record for all purposes, in accordance with § 19.21(4)(c), Wis. Stats.
Fees for public records shall be charged and collected pursuant to § 19.35(3), Wis. Stats., and pursuant to the Town of Genesee Fee Schedule adopted by separate resolution from time to time by the Town Board.
Applicable Wisconsin laws shall be observed with regard to public records, including the laws as described in Wisconsin Statutes Chapter 19, Subchapter II, titled "Public Records and Property." All state statutes incorporated or referenced herein shall be deemed to include all subsequent amendments, repeals, and renumbering that may be enacted regarding the same, in order to ensure uniform statewide regulation of public records.