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.
RECORD
Has the meaning defined in § 19.32(2), Wis. Stats.
REQUESTOR
Has the meaning defined in § 19.32(3), Wis. Stats.
RETENTION PERIOD
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.
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.