As used in this chapter, the following terms shall have the
meanings indicated:
ACTUAL COST
The total cost of personnel, including wages, fringe benefits
and all other benefits and overhead related to the time spent in search
of records.
AUTHORITY
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.
CUSTODIAN
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.
DIRECT COST
The actual cost of personnel, plus all expenses for paper,
copier time, depreciation and supplies.
RECORD
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.
[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.
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.