[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. A-435-83, 1983 (Title 3, Ch. 3.32, of the 1979 Code). Amendments
noted where applicable.]
[Amended by Ord. No. 006, Series 2004]
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following Village entities having custody of a
Village 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 Village designated under § 3.32.030 or otherwise responsible by law to keep and preserve any Village records on file, deposit or keep such records in his or her office, or 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.
Any material on which written, drawn, printed, spoken, visual,
or electromagnetic 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. E-mail relating to official business and
maintained or kept on a computer, or in the possession of a "custodian,"
as defined in this section, is considered a record. "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 at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
[Amended by Ord. No. 006, Series 2004]
A.
Except as provided under § 3.32.070, each officer and employee of the Village 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 provide to his
or her successor all records then in his or her custody. If a vacancy
occurs before a successor is selected or qualifies, such records shall
be maintained in their current location for conveyance to the appropriate
person.
A.
The Village Clerk or, in his or her absence or disability or in case
of vacancy, the Deputy Clerk, as well as the department head of each
Village department, is hereby designated the official legal custodians
of all Village records.
[Amended Ord. No. 006, Series 2004]
B.
Unless otherwise prohibited by law, the Village Clerk or the Clerk's
designee shall act as legal custodian for the Village Board and for
any committees, commissions, boards or other authorities created by
ordinance or resolution of the Village Board.
D.
The legal custodian maintains public records and has the duty to
make decisions regarding access to the records. Each departmental
legal custodian shall name a person to act as legal custodian in his
or her absence.
[Amended by Ord. No. 006, Series 2004]
A.
Except as provided in § 3.32.060, 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, as outlined in § 3.32.050.
[Amended by Ord. No. 006, Series 2004]
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 Village 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 to defray the cost of locating
and copying records, as follows:
1.
The cost of photocopying shall be $0.25 per page. Said cost has been
calculated not to exceed the actual, necessary and direct cost of
reproduction.
2.
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
3.
The actual full cost of providing a copy of other records not in
printed form on paper, such as films, computer printouts and audiotapes
or videotapes, shall be charged.
4.
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
5.
There shall be no charge for locating a record unless the actual
cost therefor exceeds $50; in which case the actual cost shall be
determined by the legal custodian and billed to the requester.
6.
The legal custodian shall estimate the cost of all applicable fees
and may require a cash deposit adequate to assure payment, if such
estimate exceeds $5.
7.
Elected and appointed officials of the Village shall not be required
to pay for public records they may reasonably require for the proper
performance of their official duties.
8.
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.
9.
No copies associated with a request for records shall be mailed to
any applicant unless prior arrangements are made with the Village
Clerk for the payment of postage.
[Amended by Ord. No. 006, 2004]
10.
The Director of Administrative Services is authorized and directed
to prepare a statement of "real property status" form, which shall
include such information as is normally sought by interested parties
when ownership of real property is transferred. The form may include,
but is not necessarily limited to, the amount of outstanding special
assessments, deferred assessments, changes in assessments, outstanding
water bills, latest water bill, contemplated improvements, floodplain
status and violation of the building and health codes. The Director
of Administrative Services is authorized and directed to charge $35
for each statement of real property status form requested. No copies
of any nature shall be mailed to any applicant unless prior arrangements
are made with the Director of Administrative Services for payment
of postage.
[Amended by Ord. No. 006, Series 2004]
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 for
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. Each authority shall, upon
request, provide a copy of §§ 19.31 to 19.39, Wis.
Stats., for the guidance of the public. This subsection does not apply
to members of the Village Board.
[Amended by Ord. No. A-542-89, 1989; Ord. No. 006, Series 2004]
[Added by Ord. No. 006, Series 2004]
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 § 3.32.040F.6. 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 Village 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 § 3.32.060. 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.
D.
Except as otherwise indicated, information, access to records, requests
for records, and copies of records may be made to or obtained from
the designated legal custodian, as follows:
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
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Village Hall (Administration, Clerk, Finance, Planning and Development,
Inspection, and Assessing)
860 Badger Circle
Grafton, WI 53024
8:00 a.m. to 4:30 p.m. Monday to Friday, excluding holidays
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Grafton Police Department
1981 Washington Street
Grafton, WI 53024
8:00 a.m. to 4:30 p.m. Monday to Sunday
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Public Works Department
675 N. Green Bay Road
Grafton, WI 53024
7:00 a.m. to 12:00 noon/1:00 p.m. to 3:30 p.m. Monday to Friday,
excluding holidays
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Parks and Recreation Department
675 N. Green Bay Road
Grafton, WI 53024
7:00 a.m. to 3:30 p.m. Monday to Friday, excluding holidays
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Water and Wastewater Utility (Billing and Records)
860 Badger Circle
Grafton, WI 53024
8:00 a.m. to 4:30 p.m. Monday to Friday, excluding holidays
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U.S.S. Liberty Memorial Public Library
1620 Eleventh Avenue
Grafton, WI 53024
10:00 a.m. to 8:00 p.m. Monday to Thursday and 10:00 a.m. to
5:00 p.m. Friday
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[Amended by Ord. No. 006, Series 2004]
A.
As defined in Wisconsin Act 47, there are hereby established three
categories of records relating to employees:
2.
Employee-related records that may be released under the balancing
test only after a notice of impending release and the right of judicial
review have been provided to the employee that is subject to the record
request.
3.
Employee-related records that may be released under the general balancing
test without providing a right of notice or judicial review to the
employee that is subject to the record request.
B.
A public records authority may not provide access to records containing
the following information, except to an employee or the employee's
representative, to the extent required by § 103.13, Wis.
Stats.:
1.
The home address, home e-mail address, home telephone number or social
security number of an employee, unless the employee authorizes the
authority to provide access to the information.
2.
Information relating to the current investigation of a possible criminal
offense or possible employment-related misconduct.
3.
Information pertaining to an employee's employment examination, except
an examination score if access to that score is not otherwise prohibited.
4.
Information relating to one or more specific employees that is used
by an authority or the employer for staff management planning, including
performance evaluations, judgments or recommendations concerning future
salary adjustments or other wage treatments, management bonus plans,
promotions, job assignments, letters of reference or other comments
or ratings related to employees.
C.
A notice of impending release of employee records and the right to
judicial review of employee records shall apply only to the following
types of records:
1.
Any records containing information that is the result of an investigation
into a disciplinary matter or possible employment-related violation.
2.
Any record obtained by the authority through a subpoena or search
warrant.
3.
Any record prepared by an employer other than the authority if it
contains information relating to an employee of that employer, unless
the employee authorizes the authority to provide access to that information.
D.
No notice is required when access is provided to the employee who
is the subject of the record or to his or her representative or bargaining
representative. Notice is not required when an authority releases
a record produced for equal rights, discrimination, or fair employment
law compliance purposes.
E.
Within three days of deciding to release a record outlined in Subsection C, and before allowing access to the record, a custodian must notify the subject of the record requested, by certified mail or personal service upon the record subject, of his or her decision to release the record. The notice must briefly describe the requested record and explain the record subject's rights to file a notice of intent to appeal and also to seek a court order restraining the custodian from providing access.
F.
Within five days after receiving notice of the custodian's decision
to release the record, the record subject may notify the authority
in writing that he or she intends to seek a court order restraining
the authority from providing access to the requested record.
G.
Within 10 days after receiving the notice from the custodian, the
record subject may commence an action seeking to restrain the custodian
from releasing the record. If the record subject commences an action,
the authority may not provide access to the record within the 12 days
of sending the record subject notice of an intent to release the record.
No record can be released until the matter has proceeded through the
various courts and all the appeal periods have expired.
[Amended by Ord. No. 006, Series 2004]
A.
As provided by § 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, although the material used as input for a computer
program or the material produced as a product of the computer program
is subject to inspection; and
4.
A record or any portion of a record containing information qualifying
as a common law trade secret as defined in § 134.90(1)(c),
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
B.
As provided by § 43.30, Wis. Stats., public library circulation
records are exempt from inspection under this chapter.
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 Village 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 matter
for which disclosures 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.
Records of current deliberations after a quasi-judicial hearing;
3.
Records concerning current strategy for crime detection or prevention,
among but not limited to the reasons for denying all or parts of police
records, as in the following:
a.
This portion identifies a juvenile.
b.
This portion names law enforcement personnel. Disclosure will
impair their effectiveness in their duties and subject them to harassment
and physical injury.
c.
This portion identifies a person. Disclosure of such person
in this context would be likely to have a substantial adverse effect
on their reputation.
d.
This portion if released would result in harm to the public
interest, which outweighs the legislative policy of allowing inspection
of public records.
e.
This portion contains investigative information.
f.
This portion contains confidential information furnished only
by a confidential source who has requested anonymity as a condition
of supplying this information.
g.
This portion would identify a confidential source and would
endanger the life or physical safety of this source.
h.
This portion would identify a confidential source, and this
would jeopardize a criminal investigation.
i.
This portion will jeopardize an ongoing criminal investigation
in that it will disclose evidence.
j.
This portion would disclose the contents of a communication
between administrative or executive personnel on matters of policy,
the disclosure of which would inhibit the frank and full discussion
of matters necessary to set policy.
k.
This portion contains employee performance evaluation data.
l.
This information is unsubstantiated; if released it would unduly
damage the reputation of the individual(s) involved.
m.
Other information specifically exempted by law.
4.
Records of current deliberations or negotiations on the purchase
of Village property, investing of Village funds, or other Village
business, whenever competitive or bargaining reasons require nondisclosure;
5.
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;
6.
Communications between legal counsel for the Village and any officer,
agent or employee of the Village, when advice is being rendered concerning
strategy with respect to current litigation in which the Village 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.
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 Village Attorney prior to releasing any such
record and shall follow the guidance of the Village Attorney when
separating out the exempt material. If, in the judgment of the custodian
and the Village 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.
Any village clerk or the director of any department or division of village government may, subject to the approval of the Village Board, keep and preserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in § 16.61(7)(a), (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of state law and of §§ 3.32.040 through 3.32.060 of this chapter.
