[HISTORY: Adopted by the Common Council of the City of Markesan
as Ch. 1, Secs. 1.51 and 1.52, of the 1991 Municipal Code. Amendments
noted where applicable.]
As used in this chapter, 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 § 90-3 below or otherwise responsible by law to keep and preserve any City records or file, deposit or keep such records in his office, or 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.
[Amended 4-14-2015 by Ord. No. 233]
A.Â
Except as provided under Article II of this chapter, 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.Â
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 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.Â
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.Â
Unless otherwise prohibited by law, the 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. This shall not include
the Police Department, whose custodian shall be the Police Chief.
[Amended 4-14-2015 by Ord. No. 233]
D.Â
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 Common Council.
E.Â
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority under Ch. 19, Subch. II,
Wis. Stats., and this section. The designation of a legal custodian
does not affect the powers and duties of an authority under this section.
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 Common Council.
A.Â
Except as provided in § 90-7 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.Â
Records shall be available for inspection and copying during all
regular office hours.
C.Â
If regular office hours are not maintained at the location where
records are kept, the records shall be available for inspection or
copying upon at least 48 hours' advance notice of intent to inspect
or copy.
D.Â
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.Â
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.Â
A requester shall be charged a fee to defray the cost of locating
and copying records as follows:
(1)Â
A cost per page of photocopying, as determined by the Clerk-Treasurer,
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)Â
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)Â
The actual full cost of providing a copy of other records not in
printed form on paper such as films, computer printouts and audio
or video tapes shall be charged.
(4)Â
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
(5)Â
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)Â
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)Â
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)Â
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.
A.Â
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 § 90-5F(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.Â
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.Â
A request for a record may be denied as provided in § 90-7 below. 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.Â
As provided by § 19.36, Wis. Stats., the following records
are exempt from inspection under this section:
(1)Â
Records specifically exempted from disclosure by state or federal
law or authorized to be exempted from disclosure by state law.
(2)Â
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)Â
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)Â
A record or any portion of a record containing information qualifying
as a common law trade secret.
B.Â
As provided by § 43.30, Wis. Stats., public library circulation
records are exempt from inspection under this section.
C.Â
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)Â
Records obtained under official pledges of confidentiality which
were necessary and given in order to obtain the information contained
in them.
(2)Â
Records of current deliberations after a quasi-judicial hearing.
(3)Â
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)Â
Records concerning current strategy for crime detection or prevention.
(5)Â
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)Â
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)Â
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.Â
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.
[Amended 4-14-2015 by Ord. No. 233]
City officers may destroy the following nonutility records of
which they are 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 State Public Records Board, pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:
A.Â
Bank statements, deposit books, slips and stubs.
B.Â
Bonds and coupons after maturity.
C.Â
Canceled checks, duplicates and check stubs.
D.Â
License and permit applications, stubs and duplicates.
E.Â
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
F.Â
Receipt forms.
G.Â
Special assessment records.
H.Â
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
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 Bureau of Municipal Audit
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:
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.Â
Assessment rolls and related records, including Board of Review minutes.
B.Â
Contracts and papers relating thereto.
C.Â
Correspondence and communications.
D.Â
Financial reports other than annual financial reports.
E.Â
Insurance policies.
F.Â
Oaths of office.
G.Â
Reports of boards, commissions, committees and officials duplicated
in the Common Council minutes.
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.
[Amended 4-14-2015 by Ord. No. 233]
Any 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.
This article shall not be construed to authorize the destruction
of any public record after a period less than prescribed by statute
or state administrative regulations.
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.