[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:
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 minimum required period of time that a document will be maintained as described in § 162-4 of this chapter.
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.
A.
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.
B.
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.
C.
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.
D.
Unless and until described otherwise in any such approved retention
schedule resolution, the following minimum retention periods shall
apply:
(1)
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:
(2)
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:
(3)
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:
A.
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.
B.
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.
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.
B.
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.
C.
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.
