[HISTORY: Adopted by the Common Council of the City of Muskego 7-22-1999 by Ord. No.
988 (Ch. 5 of the 1964 Code). Amendments noted where
applicable.]
The purpose of this chapter of the City of Muskego Municipal
Code is to specify retention periods for certain City records and
to allow access to records 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.
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 § 92-4 of this chapter.
City of Muskego legal custodians shall maintain all records for the retention period, and for any additional time period as described in § 92-6 below, if applicable. Thereafter, after the State Historical Society has waived receipt of the records (see § 92-5 below), the legal custodian may destroy the records.
A.
The City of Muskego Common Council, by separate resolution, shall
adopt a schedule which describes the minimum time periods for which
records shall be maintained by a legal custodian of the City of Muskego.
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 initial Retention Schedule Resolution that is adopted contemporaneously
with this chapter has been reviewed and approved along with this chapter
by 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 the initial 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.[1]
A.
The Wisconsin State Historical Society has waived the notice that
would otherwise be required prior to destruction of certain records
as described in the Retention Schedule. The Retention Schedule Resolution
shall not be modified in a manner that waives notice to the Wisconsin
State Historical Society, or which adds additional documents to the
schedule and waives notice of their destruction, unless those waivers
are first reviewed and approved by the Wisconsin Public Records Board
and the Wisconsin State Historical Society.[1]
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 in the Retention
Schedule, 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.
All records maintained by a legal custodian shall be made available
for inspection, copying, or other use that is authorized by state
law, to the same extent as allowed by Wisconsin state statutes, including
but not limited to § 19.35, Wis. Stats., and in the same
manner.
A requester shall pay a fee established by resolution of the
Common Council for a photocopy of a record, unless the requester is
specifically excluded from payment of the fee by state law. The requester
also shall pay such other fees as may be charged pursuant to state
law, including but not limited to § 19.35(3), Wis. Stats.
Wisconsin Statutes §§ 19.21 through 19.39 regarding
public records and property are incorporated as if fully set forth
herein. 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.
