[Adopted 1-15-2008 by Ord. No. 08-01]
This article is entitled the "Town of Barton Destruction of
Obsolete Records Ordinance." The purpose of this article is to provide
the Town officers of the Town of Barton with the authority to destroy
obsolete public records in possession of the Town of Barton consistent
with Wisconsin law.
The Town Board of the Town of Barton, Washington County, State
of Wisconsin, has specific authority under § 19.21(4), Wis.
Stats., to manage and destroy obsolete public records in the possession
of the Town of Barton.
Prior to the destruction of any obsolete records, at least 60 days' notice in writing of such destruction shall be given to the Historical Society, which shall preserve any such records it determines to be of historical interest. The Historical Society may, upon application, waive such notice. Notice to the Historical Society shall be given by a Town officer consistent with § 126-13 of this article.
A.
A tape
recording of a meeting shall not be destroyed before 90 days after
the minutes have been approved and published for said meeting. No
videotape or other recording of any meeting may be destroyed before
90 days after the minutes for the meeting have been approved and published.
B.
No Town
authority may destroy any record at any time after the receipt of
a request for inspection or copying of the record requested under
§ 19.35, Wis. Stats., until after the request is granted
or until at least 60 days after the date the request is denied or,
if the requestor is a committed or incarcerated person, until at least
90 days after the date that the request is denied. If any authority
receives written notice that an action relating to a record has been
commenced under § 19.37, Wis. Stats., the record may not
be destroyed until after the order of the court in relation to such
record is issued and a deadline for appealing that order has passed
or, if appealed, until after the order of the court hearing the appeal
is issued and appropriate action consistent with the appeal is taken.
If the court orders the production of any record and the order is
not appealed, the record may not be destroyed until after the inspection
or copying is granted.
No public record shall be considered obsolete and set for destruction
prior to those limitations established under § 19.21(4)(b),
Wis. Stats. Receipts of current billings, customer ledgers, and other
municipal utility records shall not be destroyed in less than two
years from their making. All other records shall not be destroyed
for a period of seven years from their making, unless a shorter period
is fixed by the State Public Records Board under § 16.61(3)(e),
Wis. Stats.
The Town of Barton, by and through its authorized record custodian,
shall post the notice given to the Historical Society itemizing the
records that the Town of Barton intends to destroy which are considered
obsolete.
The following shall be the notice given to the Historical Society
of intent to destroy obsolete records:
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STATE OF WISCONSIN:
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TOWN OF BARTON:
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WASHINGTON COUNTY
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The Town Board of the Town of Barton, Washington County, State
of Wisconsin, having enacted an ordinance for the destruction of obsolete
public records, does, by this resolution, adopted on proper notice
with a quorum and roll-call vote by a majority of the Town Board present
and voting, hereby resolve and order as follows:
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The Town Clerk shall inform the Historical Society that the
Town of Barton will destroy certain obsolete public records at a date
and time more than 60 days after service of this notice upon the Historical
Society. The records to be destroyed are described as follows:
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The Town Clerk shall properly post this notice in three public
places in the Town to give notice to the public consistent with § 60.80,
Wis. Stats.
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This article is effective on publication or posting. This article
shall not be construed to authorize the destruction of any public
records after a period less than prescribed by statute or state administrative
rules. The Town Clerk shall properly post or publish this article
as required under § 60.80, Wis. Stats.
