[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 3.06
of the 2005 Code]
A.
The purpose of this article is to establish a City of Lancaster Records
Retention Schedule and authorize destruction of City of Lancaster
records pursuant to the schedule on an annual basis. Records custodians
may destroy a record prior to the time set forth in the schedule only
if such a record has been photographically reproduced as an original
record pursuant to § 16.61(7), Wis. Stats.
B.
Any record not covered by this article or any regulation or law shall
be retained seven years unless the record is added by amendment into
this article and the shorter time period approved by the State Public
Records Board.
[Amended 11-17-2014 by Ord. No. 2014-05]
As used in this article, the following terms shall have the
meanings indicated:
The individual responsible for maintaining records pursuant
to § 19.33, Wis. Stats.
Has the meaning defined in § 19.32(2), Wis. Stats.
A.
Historical records. Under § 19.21(4)(a), Wis. Stats., municipalities
must notify the State Historical Society of Wisconsin (SHSW) prior
to destroying records. However, the SHSW has waived the required 60
days' notice for any record marked "W" (waived notice).
B.
Microfilming or optical imaging of records. Local units of government
may keep and preserve public records through the use of microfilm
providing the microfilm meets the applicable standards in § 16.61(7),
Wis. Stats. Retention periods and estimated costs and benefits of
converting records between different media should be considered in
deciding which records to microfilm. After verification, paper records
converted to microfilm should be destroyed. The retention periods
identified in this article apply to records in any media.
C.
Destruction after request for inspection. No requested records may
be destroyed until after the request is granted or 60 days after the
request is denied. If any action is commenced under § 19.37,
Wis. Stats., the requested record may not be destroyed until after
a court order is issued and all appeals have been completed. See § 19.35(5),
Wis. Stats.
D.
Destruction pending litigation. No record subject to pending litigation
shall be destroyed until the litigation is resolved.
E.
Review and approval by Common Council of the City. This article and
the retention periods of less than seven years have been reviewed
and approved by the Common Council of the City.
F.
In spite of (and notwithstanding) this retention schedule, if the
records you are considering to discard have anything to do with a
state or federal grant or federal pass-through money, Wisconsin Fund,
Wisconsin Development Fund, Community Development Block Grant, Urban
Development Block Grants, EPA, EDA, etc., contact the grant agency
first. As a rule of thumb, do not even think about discarding these
kinds of documents unless 10 years have passed.
A.
Record ID number. Unique control number for each type of record.
B.
Records description. Provide a brief description of the records.
Group specific items such as forms into logical groups that have the
same function or purpose.
C.
Period of retention. Refers to the time that the identified records
must be kept until destruction.
(1)
CR stands for "creation," which usually refers to receipt or creation
of the record.
(2)
FIS stands for "current fiscal year" and the additional amount of
time as indicated.
(3)
EVT stands for "event" and refers to any occurrence that starts the
retention clock ticking. Close of contract, termination of employee,
and disposition of a case are common events.
(4)
P stands for "permanent retention."
D.
Time. Expressed in years unless specifically identified as month
or day.
E.
Authority. Refers to any specific statutory, administrative rule,
or specific regulation that determines retention of the record. In
most cases this will be blank because units of government have discretion
to establish a time period.
F.
SHSW notify. Refers to whether or not the State Historical Society
of Wisconsin has waived the required statutory notification prior
to destruction of records.
(1)
"W" means records are not historical and the required notification
is waived.
(2)
"N" means the records may have secondary historical value and therefore
SHSW notification is required on a case-by-case basis prior to destruction.
(3)
"N/A" means "not applicable" and refers to those circumstances where
a local unit of government is retaining a record permanently.
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
| |
|---|---|---|---|
|
Accounts payable:
| |||
|
Purchase invoices
|
FIS +7 years
|
W
| |
|
Vouchers
|
FIS +7 years
|
W
| |
|
Accounts receivable:
| |||
|
A/R invoices
|
FIS +7 years
|
W
| |
|
Receipts
|
FIS +7 years
|
W
| |
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Form of objection to property assessment and supporting documentation
|
EVT +7 years (after final action by Board of Review or completion
of appeal)
|
W
|
|
Minute book of Board of Review
|
CR +7 years
|
N
|
|
Proceedings of the Board of Review on audio tapes or as stenographic
notes including any transcriptions thereof
|
EVT +7 years (after final action by Board of Review or completion
of appeal)
|
W
|
|
Notice of determinations of the Board of Review
|
EVT +7 years (after final action by Board of Review or completion
of appeal)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Budget worksheets
|
FIS +3 years
|
W
|
|
Final budget
|
Permanent
|
N/A
|
|
Audit reports
|
Permanent
|
N/A
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Applications and permits
|
EVT (life of structure)
|
W
|
|
Code of compliance inspection reports
|
EVT (life of structure)
|
W
|
|
Inspection address files
|
EVT (life of structure)
|
W
|
|
Certificates of occupancy
|
EVT (until superseded)
|
W
|
|
Energy calculation worksheets
|
CR +3 years
|
W
|
|
State-approved commercial building plans
|
EVT +4 years
|
N
|
|
Permit fee receipts
|
FIS +7 years (provided record has been audited)
|
W
|
|
Permit ledger
|
CR +7 years
|
W
|
|
City Attorney's case file, copy
|
EVT +1 year (after case closed)
|
W
|
|
Quarter section maps, copies
|
EVT (until suspended)
|
W
|
|
Records of the Zoning Board of Appeals (includes minutes of
meetings of the Board and supporting documents submitted to Board)
|
Permanent
|
N/A
|
|
Records of the Plan Commission (includes minutes of meetings
of Commission and supporting documents submitted to Commission)
|
Permanent
|
N/A
|
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:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Contents of a blank ballot box, unused ballots and materials
|
EVT + (3 business days after the canvas is completed)
|
W
|
|
Ballots (state, county, local)
|
EVT + (30 days after an election)
|
W
|
|
Applications for absentees ballots (for federal election ballots)
|
EVT + (90 days after an election)
(22 months after the election for federal office)
|
W
|
|
Forms associated with election such as tally sheets, inspector's
statements and nomination papers
|
EVT + (90 days after an election)
(22 months after the election for federal office)
|
W
|
|
Official canvas statements
|
EVT + (10 years after an election)
|
W
|
|
Registration and poll lists: nonpartisan primaries and general
elections
|
EVT + (2 years after an election for which they were created)
|
W
|
|
Registration and poll lists: partisan primaries and general
elections
|
EVT + (4 years after an election for which they were created)
|
W
|
|
Election notices
|
EVT + (1 year after an election)
(22 months for federal election)
|
W
|
|
Proofs of publication and correspondence relative to publications
|
EVT + (1 year after an election)
(22 months for federal election)
|
W
|
|
Campaign registration statements
|
EVT + (6 years after termination by the registrant)
|
W
|
|
Campaign finance reports
|
EVT + (6 years after date of receipt)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Section corner monuments logs
|
Permanent
|
N/A
|
|
Aerial photographs
|
EVT (until superseded)
|
W
|
|
City maps
|
Permanent
|
N/A
|
|
Water, storm, and sanitary sewer main maps
|
Permanent
|
N/A
|
|
Preliminary subdivisions plats
|
EVT (until superseded by final plat)
|
W
|
|
Final subdivision plats
|
Permanent
|
N/A
|
|
Annexation plats
|
Permanent
|
N/A
|
|
Assessor's plats
|
Permanent
|
N/A
|
|
Structure plans for municipal buildings and bridges
|
EVT (life of structure)
|
N
|
|
Annual reports
|
Permanent
|
N/A
|
|
Permits (includes permits for the excavation of streets by private
utility companies)
|
EVT +3 years
|
W
|
|
Special assessment calculations
|
EVT +2 years
|
W
|
|
TV sewer inspection records
|
EVT (until superseded)
|
W
|
|
State highway aids program records
|
FIS +7 years
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Fidelity bond
|
EVT +5 years (after bond expires)
|
W
|
|
Fidelity bond book
|
EVT +5 years (after last bond expires)
|
W
|
|
Oath of office
|
EVT +5 years (after the term of service covered by the oath
has ended)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Policy
|
FIS +7 years
|
W
|
|
Policy bids, unsuccessful
|
EVT +1 year
|
W
|
|
Claims
|
EVT +7 years
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Receipts journal
|
FIS +15 years
|
W
|
|
Voucher/order register
|
FIS +15 years
|
W
|
|
General journal
|
FIS +15 years
|
W
|
|
Journal voucher
|
FIS +15 years
|
W
|
|
Appropriation journal
|
FIS +15 years
|
W
|
|
General ledger
|
FIS +15 years
|
W
|
|
Trial balance
|
EVT (until audited)
|
N
|
Legal opinions rendered shall not be destroyed and shall be
retained permanently.
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
| |
|---|---|---|---|
|
Liquor- and beer-related license applications
|
EVT +4 years
|
W
| |
|
Other license applications
|
EVT +3 years
|
W
| |
|
Receipts
|
CR +4 years
|
W
| |
|
License stubs:
| |||
|
All liquor and beer related
|
CR +4 years
|
W
| |
|
Other
|
CR +3 years
|
W
| |
|
Dog licenses monthly report to County Clerk (by Treasurer)
|
CR +3 years
|
W
| |
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Bond procedure record
|
EVT +7 years (after bond issue expires)
|
W
|
|
Bond register
|
EVT +7 years (after bond issue expires)
|
W
|
|
Bond payment register
|
EVT +7 years (after bond issue expires or following payment
of all outstanding matured bonds/notes/coupons, whichever is later)
|
W
|
|
Cancelled bonds, coupons and promissory notes
|
EVT (until audited)
|
W
|
|
Certificates of destruction
|
EVT +7 years (after bond issue expires or following payment
of all outstanding matured bonds/notes/coupons, whichever is later)
|
W
|
[Amended 11-17-2014 by Ord. No. 2014-05]
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Master park plan
|
Permanent
|
N/A
|
|
Plats
|
Permanent
|
N/A
|
|
Aerial photographs
|
Permanent
|
N/A
|
|
Reservation requests
|
CR +30 days. If payment receipts are attached, CR +7 years provided
record has been audited.
|
W
|
|
Master reservation book
|
CR +2 years
|
W
|
|
Records of the Parks and Recreation Committee (includes minutes
of meetings of the Committee and supporting documents submitted to
the Committee)
|
Permanent
|
N/A
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Payroll support records
|
FIS + 2 years
|
W
|
|
Employee's withholding allowance certificate
|
EVT +5 years (after being superseded)
|
W
|
|
Employee's Wisconsin withholding allowance certificate
|
EVT +5 years (after being superseded)
|
W
|
|
Employee enrollment and waiver cards
|
EVT +2 years (after being superseded or terminated)
|
W
|
|
Employee earnings records
|
FIS +5 years
|
W
|
|
Payroll check register
|
FIS +5 years
|
W
|
|
Payroll distribution record
|
FIS +5 years
|
W
|
|
Payroll voucher
|
FIS +5 years
|
W
|
|
Cancelled payroll checks
|
FIS +5 years
|
W
|
|
Wage and tax statement
|
FIS +5 years
|
W
|
|
Report of Wisconsin income tax
|
FIS +5 years
|
W
|
|
Employer's annual reconciliation of Wisconsin Income Tax
withheld from wages
|
FIS +5 years
|
W
|
|
Federal deposit tax stubs
|
FIS +5 years
|
W
|
|
Quarterly report of federal income tax withheld
|
FIS +5 years
|
W
|
|
Annual report of federal income tax withheld
|
FIS +5 years
|
W
|
|
State's quarterly report of wages paid
|
FIS +5 years
|
W
|
|
Monthly memorandum report
|
FIS +5 years
|
W
|
|
Quarterly report, payroll summary
|
FIS +5 years
|
W
|
|
Premium due notices
|
FIS +5 years
|
W
|
[Amended 11-17-2014 by Ord. No. 2014-05]
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
| |
|---|---|---|---|
|
Traffic citations (and accompanying documentation) sent through
Circuit Court
|
EVT +1 year (after closed)
|
W
| |
|
Ordinance citations
|
EVT +2 years (after closed)
|
W
| |
|
All accounting records
|
CR +7 years
|
W
| |
|
Electronic recordings of court proceedings which were appealed
|
EVT +7 years
|
W
| |
|
Court statistical reports
|
CR +7 years
|
W
| |
|
Arraignment calendars
|
CR +7 years
|
W
| |
|
Warrant and commitment listings
|
CR +7 years
|
W
| |
|
Circuit Court correspondence
|
CR +7 years
|
W
| |
|
Electronic recordings of court proceedings which were not appealed
|
EVT +6 months
|
W
| |
|
Personnel records
|
EVT +8 years
|
W
| |
|
Property inventory records
|
EVT +8 years
|
W
| |
|
Citizen complaints against police officers
|
EVT +8 years
|
W
| |
|
Investigation and citation records:
| |||
|
Arrest records
|
EVT +8 years
|
W
| |
|
Incident records
|
EVT +10 years
|
W
| |
|
Fingerprint cards
|
EVT +8 years
|
W
| |
|
Evidence cards
|
EVT +10 years
|
W
| |
|
Work schedules
|
CR +7 years
|
W
| |
|
Accident reports
|
EVT +4 years
|
W
| |
|
Investigation reports
|
EVT +10 years (from date of closing of investigation)
|
W
| |
|
Audio and video tape recordings:
| |||
|
Police dispatch audio tapes
|
CR +120 days
|
W
| |
|
Police video tapes
|
CR +120 days
|
W
| |
|
Information teletype messages
|
CR +30 days
|
W
| |
|
Medical records re: occupational
|
EVT +30 days
|
W
| |
|
Training records for exposure control
|
CR +3 years
|
W
| |
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Notice to contractors
|
EVT +7 years (after completion of project)
EVT +2 years (for unsuccessful bidders)
|
W
|
|
Certified check
|
EVT (retain until contract has been signed and returned to bidder)
|
W
|
|
Bid bond
|
EVT +7 years (after completion of project)
EVT +2 years (for unsuccessful bidders)
|
W
|
|
Bidder's proof of responsibility
|
EVT +7 years (after completion of project)
EVT +2 years (for unsuccessful bidders)
|
W
|
|
Bids
|
EVT +7 years (after completion of project)
EVT +2 years (for unsuccessful bidders)
|
W
|
|
Affidavit of organization and authority
|
EVT +7 years (after completion of project)
EVT +2 years (for unsuccessful bidders)
|
W
|
|
Bid tabulation
|
EVT +2 years
|
W
|
|
Performance bond
|
EVT +7 years (after completion of project)
|
W
|
|
Contract
|
EVT +7 years (after completion of project)
|
W
|
|
Master project files
|
EVT +20 years (after life of structure)
|
N
|
|
Blueprints
|
EVT (until superseded by the as-built tracings)
|
W
|
|
As-built tracings
|
EVT (life of the project)
|
N
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Purchase orders
|
FIS +7 years
|
W
|
|
Bids, successful
|
EVT +7 years (after contract has expired)
|
W
|
|
Bids, unsuccessful
|
EVT +7 year (after PO issued)
|
W
|
|
Inventory of property
|
EVT (retain until superseded)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Deeds
|
Permanent
|
N/A
|
|
Opinions of title
|
Permanent
|
N/A
|
|
Abstracts and certificates of title
|
Permanent
|
N/A
|
|
Title insurance policies
|
Permanent
|
N/A
|
|
Plats
|
Permanent
|
N/A
|
|
Easements
|
Permanent
|
N/A
|
|
Leases
|
EVT +7 years (after termination of lease)
|
W
|
|
Vacation or alteration of plat
|
Permanent
|
N/A
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
| |
|---|---|---|---|
|
Water stubs
|
FIS +2 years
|
W
| |
|
Receipts of current billings
|
FIS +2 years
|
W
| |
|
Customers' ledgers of municipal utilities
|
FIS +2 years
|
W
| |
|
All other utility records
|
FIS +7 years
|
W
| |
|
Water quality laboratory tests (deed well and land-filled well
water analysis detail and summary reports; chemical and bacteriological
analysis of municipal drinking water detail and summary reports; municipal
drinking water fluoride analysis; swimming pool water bacteriologist
analysis; public bathing beach water bacteriological analysis; and
water quality control readings)
|
EVT +5 years (if information has been transferred to a permanent
test site location file); EVT +1 year
|
W
| |
|
Maps showing the location and physical characteristics of the
utility plant
|
EVT (until map is superseded)
|
W
| |
|
Engineering records in connection with construction projects
|
EVT (until record is superseded or 6 years after plant is retired
provided mortality data are retained)
|
W
| |
|
Operating records:
| |||
|
Station pumpage records
|
CR +15 years or EVT +3 years (after the source is abandoned)
|
W
| |
|
Interruption records
|
CR +6 years
|
W
| |
|
Meter test records
|
EVT (see § PCS 185.46, Wis. Adm. Code)
|
W
| |
|
Meter history records
|
EVT (life of meter)
|
W
| |
|
Annual meter accuracy summary
|
CR + 10 years
|
W
| |
|
Pressure records
|
CR +6 years
|
W
| |
|
Customer records:
| |||
|
Complaint records
|
CR +3 years
|
W
| |
|
Customer deposits
|
EVT +6 years (after refund)
|
W
| |
|
Meter reading sheets or cards
|
CR +6 years
|
W
| |
|
Billing records
|
CR +6 years
|
W
| |
|
Filed rates and rules
|
Permanent
|
W
| |
|
Water analysis samples taken from the water system
|
EVT +10 years (pursuant to § NR 809.82, Wis. Adm.
Code)
|
W
| |
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Preliminary resolution
|
CR +2 years
|
W
|
|
Report on special assessment project
|
CR +2 years
|
W
|
|
Waiver of special assessment notice and hearing
|
EVT +1 year (after the final resolution is approved)
|
W
|
|
Final resolution
|
Permanent
|
N/A
|
|
Certified special assessment roll
|
EVT (retain until all assessments are collected)
|
W
|
|
Statement of new special assessments
|
CR +5 years
|
W
|
|
Special assessment payment register
|
EVT (retain until all assessments are collected)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Street operations file
|
CR +2 years after created
|
W
|
|
Street and sidewalk maintenance and repair
|
CR +25 years
|
W
|
|
Tree planting, inspection, trimming and removal
|
CR +25 years
|
W
|
|
Heavy equipment and vehicle
|
EVT (life of equipment and/or vehicle inventory ledger or until
inventory ledger is superseded)
|
W
|
|
Vehicle maintenance histories
|
EVT (life of vehicle)
|
W
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Tax levy certifications of the school district clerk
|
FIS +3 years
|
W
|
|
Certifications of apportionment
|
FIS +3 years
|
W
|
|
State shared aid payment notices
|
FIS +6 years (provided record has been audited)
|
W
|
|
Final worksheet for determining allowable levy
|
FIS +5 years
|
W
|
|
Statement of taxes
|
Permanent
|
N/A
|
|
Statement of new special assessments
|
FIS +5 years
|
W
|
|
Statement of new sewer service charges
|
FIS +5 years
|
W
|
|
General property tax credit certification
|
FIS +5 years
|
W
|
|
Explanation of property tax credit certification
|
FIS +5 years
|
W
|
|
Real property tax roll
|
EVT (record is transferred to the County Treasurer)
|
N
|
|
Personal property tax roll
|
FIS +15 years
|
N
|
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Escrow account list
|
EVT (retain until superseded)
|
W
|
|
Receipts
|
FIS +7 years
|
W
|
|
Statement of taxes remaining unpaid
|
EVT (retain with tax roll)
|
W
|
|
Tax settlement receipt
|
FIS +5 years
|
W
|
|
Municipal Treasurer's settlement
|
FIS +5 years
|
W
|
|
Personal property tax roll
|
FIS +15 years
|
W
|
The following public records may be destroyed after the expiration
of the designated period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Cashbook
|
FIS +15 years
|
W
|
|
Daily cash drawer reconciliations
|
EVT +1 year (after audit)
|
W
|
|
Bank reconciliations
|
FIS +7 years
|
W
|
|
Bank statements
|
FIS +7 years
|
W
|
|
Cancelled order checks
|
FIS +7 years
|
W
|
|
Lists of outstanding checks
|
FIS +7 years
|
W
|
|
Check register
|
FIS +7 years
|
W
|
|
Duplicate deposit tickets
|
EVT +1 year (after audit)
|
W
|
|
Bank credit/debit notices
|
EVT +1 year (after audit)
|
W
|
|
Investment records
|
FIS +7 years
|
W
|
|
All receipts
|
FIS +7 years
|
W
|
[Amended 11-17-2014 by Ord. No. 2014-05]
The following public records may be destroyed after the expiration
of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Minutes of any kind
|
Permanent
|
N/A
|
|
Audio tapes
|
CR +1 year
|
W
|
|
Ordinances
|
Permanent
|
N/A
|
|
Resolutions
|
Permanent
|
N/A
|
|
Ordinance book
|
Permanent
|
N/A
|
|
Affidavit of publication
|
CR +3 years
|
W
|
Work permits shall be retained until the child turns 21 and
no notice shall be given to the State Historical Society because the
records have no historical significance.
Sales and use tax, including returns, schedules, work papers,
etc., shall be retained for a period of six years, and no notice shall
be given to the State Historical Society because the records have
no historical significance.
The following assessment records may be destroyed after the
expiration of the designated retention period:
|
Records
|
Period of Retention
|
SHSW Notice
|
|---|---|---|
|
Final assessment roll
|
EVT +15 years
|
W
|
|
Personal property blotters
|
EVT +7 years
|
W
|
|
Assessment work roll
|
EVT +2 years
|
W
|
|
Assessment property
|
EVT (until superseded)
|
W
|
[Adopted 11-17-2014 by Ord. No. 2014-05]
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 City of Lancaster entities having custody
of a City record: an office, elected official, agency, board, commission,
committee, council, department or public body corporate and politic
created by constitution or by any 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 § 104-35 or otherwise responsible by law to keep and preserve any City 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 or electronically generated or stored
data 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, optical disks,
and any other medium on which electronically generated or stored data
is recorded or preserved. "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.
A. Except as provided under Article I, each officer and employee of the City 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 City 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 City Clerk/Treasurer
to act as the legal custodian.
B.
Unless provided in Subsection C of this section, the City Clerk/Treasurer or the Clerk/Treasurer's designee shall act as legal custodian for the Common Council and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the Common Council. The following offices or authorities shall have as a legal custodian of records the individual so named:
|
Authority Designated Legal Custodian
| ||
|---|---|---|
|
City Assessor's office
|
City Assessor
| |
|
General City records
(including Council records)
|
City Clerk/Treasurer
| |
|
Fire Department
|
Fire Chief
| |
|
Police Department
|
Chief of Police
| |
|
Financial records
|
City Clerk/Treasurer
| |
|
City Attorney's office
|
City 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 City Clerk/Treasurer.
E.
The City
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 § 104-38, any person has a right to inspect a record and to make or receive a copy of any record 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 City 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 per page as established in the City's fee schedule
to defray the cost of copying records.
(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 and audio and video
tapes, 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 therefor
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 City 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 Common Council.
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 § 104-36F(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 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 or her request in a manner which would permit reasonable compliance.
C.
A request for a record may be denied as provided in § 104-38. 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
(4)
Any
record or portion of a record containing information qualifying as
a trade secret as defined in § 134.90(1)(c), Wis. Stats.
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 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 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)
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 City property, investing of City
funds, or other City 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 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.
(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 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.
