[HISTORY: Adopted by the Common Council of the City of Monona
as Title 3, Ch. 3, of the 1994 Code. Amendments noted where applicable.]
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 Monona 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, 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 § 128-3 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.[1]
A.
Except as provided under § 128-7, 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. If a vacancy occurs before a successor
is selected or qualifies, such records shall be delivered to and receipted
for by the City Clerk, 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 to act as the legal custodian.
B.
Unless otherwise provided in Subsection C, the City Clerk, or his or her 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 Clerk
| |
|
General City Records (including Council Records)
|
City Clerk
| |
|
Fire Department
|
Fire Chief
| |
|
Police Department
|
Chief of Police
| |
|
Financial records
|
City Administrator
| |
|
City Attorney's Office
|
City Clerk
| |
|
Municipal Court
|
Clerk of Municipal Court
|
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.
E.
The City Clerk shall establish criteria for establishing the records
system and shall cause the department/office records system to be
reviewed on an annual basis.
F.
Notwithstanding the provisions of Subsection B, the City Clerk is designated as the legal custodian of all electronic mail messages of all departments, committees, commissions, boards and other authorities of the City. All such electronic messages shall include a subject line which identifies the matter to which the message pertains. If the sender believes the message may be exempt from public disclosure, the subject line shall begin with the word "Confidential." This subsection shall not apply to the Police Department or Municipal Court, whose electronic mail messages shall be maintained by the applicable legal custodian identified in Subsection B and subject to public access in accordance with this chapter and applicable law.[1]
A.
Except as provided in § 128-6, 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.
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 prescribed by the
City's Fee Schedule, plus state sales tax, to defray the cost of copying
records.[1]
(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 audiotapes
and videotapes, 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, as prescribed in the City's Fee Schedule,
plus state sales tax; 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 § 128-4F(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 § 128-6. 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.
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
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.
[Amended 10-16-2017 by Ord. No. 9-17-689; 11-18-2019 by Ord. No. 11-19-723]
A.
Adoption of record retention schedule.
(1)
The City of Monona, in accordance with Wis. Stats. §§ 19.21(4)(b)
and 16.61(3)(e), hereby adopts, by reference, the following record
retention schedule:
(a)
Wisconsin Municipal Records Schedule approved by the State of
Wisconsin Public Records Board on August 27, 2018.
(2)
A copy of the record retention schedule listed above shall be kept
on file in the City Clerk's office located at 5211 Schluter Road,
Monona, WI 53716 and made available for public viewing during normal
office hours.
B.
Other records. In the event the City creates a record not contemplated by the record retention schedule listed in Subsection A, the City may, subject to prior approval of the Wisconsin State Public Records Board, either adopt an applicable records retention schedule set forth by the Records Board, if available, or create its own retention schedule pertaining to the record.
C.
Repeal. All ordinances, or portions thereof, and resolutions, or portions thereof, in conflict with any portion of the records retention schedule listed in Subsection A are hereby repealed. Any approved City retention schedule, or portion thereof, for any record not contemplated by the records retention schedule listed in Subsection A shall remain in full force and effect.
D.
Destruction of records. City officers may destroy records of which they are the legal custodians and which are considered obsolete, but not until the applicable period of time under the record retention schedule listed in Subsection A has elapsed. Notwithstanding the prior sentence, record custodians may not destroy any record where any contract, grant, funding conditions, state or federal statute require that such records be maintained for a longer period of time. 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 records as provided by Wis. Stats. § 19.21(4)(a).
E.
Electronic formatting or other reproduction of records. Any City officer, may retain and preserve public records in his/her possession by means of microfilm, or another reproduction method, optical imaging or electronic formatting. Such records shall meet the standards for reproduction set forth in the Wisconsin Statutes and Administrative Code. Such records shall be considered original records for all purposes. Such records shall be preserved along with other files of the City and shall be open to public inspection and copying according to the provisions of Wisconsin law and § 128-4. This section does not require that past copies of a record be converted to the new format(s). However, when the decision is made to convert old records to the new format, the original hardcopy of any document or record which has been converted to the new format may be destroyed once the disposition for that records classification has been approved by the Wisconsin State Public Records Board.
[1]
Editor's Note: Former § 128-8, Preservation through
microfilm, was repealed 11-18-2019 by Ord. No. 11-19-723.
City officials are empowered to destroy the following Police
Department or Municipal Court records as provided below:
A.
Transcripts or tape recordings of Municipal Court trials. Audio tape
recordings of trials or juvenile matters in Municipal Court shall
be kept until the time has expired for taking an appeal of such matters
to the Circuit Court for Dane County. Upon the expiration of such
period, City officials are empowered to dispose of, erase, destroy
or reuse any such audiotapes; and to destroy any written transcript
made from such tapes.
B.
Municipal Court or traffic ordinance violation case files. All court
papers or written court records in the possession of the Municipal
Court or the City Police Department in proceedings commenced by the
issuance of Municipal Court citations or pleadings shall be kept for
six years after the entry of final judgment.
C.
Police dispatch tapes. All police dispatch audio tapes shall be kept
for 30 days, except for those tapes that cover significant incidents.
Tapes covering significant incidences will be retained for a longer
period, as directed by the Chief of Police.
