[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 3, Ch. 3, of the 1996 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
Any of the following Town entities having custody of a Town
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 Town designated under § 125-3 or otherwise responsible by law to keep and preserve any Town records or 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 section to respond to requests for access to such records.
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,
that 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 discs, 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 that 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 that are available for sale, or that are
available for inspection at a public library.
[Amended 3-13-2019 by Ord. No. 1]
The Town of Koshkonong, Jefferson County, Wisconsin, and
its administrative subunits.
A.
Authority. The Town Board of the Town of Koshkonong has the specific
authority, powers and duties, pursuant to §§ 19.21,
19.22, 19.23, 19.31, 19.33, 19.34, 19.35, 19.36, 19.37, 19.84, 19.85,
60.22, and 60.83, Wis. Stats., to manage and direct certain affairs
related to Town public records.
B.
Public record and public property responsibilities. All public records
and public properties belonging to the Town of Koshkonong, including
records and public properties of officers, special offices, committees,
commissions, agencies, authorities, boards or other special government
units of the Town shall be safely kept, properly maintained and carefully
preserved by the legal custodian thereof when:
(1)
These officers, employees or agents receive custody of the public
records and public property from their predecessor or other persons.
(2)
These public records and public properties are required by state
law or by Town ordinance to be filed, deposited or kept in the offices
of these officers, employees or agents.
(3)
These public records and public properties are in lawful possession
of these officers, employees or agents or the possession or control
of which these officers, employees or agents may be lawfully entitled
by state law or by Town.
C.
Responsibility of office. Except as provided under § 125-7, each officer and employee of the Town 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.
D.
Responsibility upon expiration of officer's term. 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 Town Clerk. If a vacancy occurs before a successor
is selected or qualifies, such records shall be delivered to and receipted
for by the 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
an employee of his or her staff to act as the legal custodian.
B.
Unless otherwise prohibited by law, the Town Clerk or his designee
shall act as legal custodian for all Town records, the Town Board
and for any committees, commissions, boards or other authorities created
by ordinance or resolution of the Town Board, except that the Town
Treasurer shall be the legal custodian for all records in his possession.
In the event that the Town Clerk is not available, then the Town Clerk
shall designate someone to act in its behalf as legal custodian.
D.
Each legal custodian shall name a person to act as legal custodian
in his or her absence or the absence of his or her designee.
E.
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority under Subch. II of Ch.
19, Wis. Stats., and this chapter. The designation of a legal custodian
does not affect the powers and duties of an authority under this section.
A.
Except as provided in § 125-6, any person has a right to inspect a record and to make or receipt 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 Town 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.
No original public records of the Town shall be removed from the possession
of the legal custodian.
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 as provided in the Fee Schedule,[1] excluding accident reports. The Town may charge actual,
necessary costs in duplicating or communicating requested records,
including facsimile transmissions. Said cost has been calculated not
to exceed the actual, necessary and direct cost of reproduction.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
(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. The Town is not required to purchase or lease for any
requesting person any equipment or facilities for photocopying, photographing
or other copying.
(3)
The actual full cost of providing a copy of other records not in
printed form on paper, such as films, computer printouts and audio-
or video-tapes, 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. The
Town will determine the cost of locating a record by using the hourly
rate of $20 per hour for employees involved in attempting to locate
the record.
(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 Town 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.
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. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of §§ 125-4 through 125-6 of this chapter. This subsection does not apply to members of the Town Board.
A.
Requests for records.
(1)
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.
(2)
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.
(3)
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 § 125-4F(6).
(4)
The legal custodian cannot request the name of the requesting person
or the reasons for the need to access the public record except if
the legal custodian keeps the public record at a private residence,
or if the legal custodian, for security reasons, believes identification
is necessary and appropriate or except if federal law and regulations
requires identification of the requesting person. 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 Town 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 § 125-6. 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 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)
Pursuant to § 905.08, Wis. Stats., 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 3-13-2019 by Ord. No. 1]
(5)
All records otherwise exempt from release pursuant to any applicable
law.
[Added 3-13-2019 by Ord.
No. 1]
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 Town 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 request 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 Town officer
or employee, or the investigation of charges against a Town 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 Town property, investing
of Town funds or other Town 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 Town and any officer, agent or employee
of the Town, when advice is being rendered concerning strategy with
respect to current litigation in which the Town or any of its officers,
agent 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 redact the information
that may not be made public from the record before release. The custodian
shall confer with the Town Attorney prior to releasing any such record
and shall follow the guidance of the Town Attorney when separating
out the exempt material. If, in the judgment of the custodian and
the Town 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 3-13-2019 by Ord. No. 1]
A.
Town officers may destroy the following nonutility financial records
of which they are the legal custodians and which are considered obsolete,
after completion of any required audit by the Department of Revenue
or an auditor licensed under Ch. 442, Wis. Stats., but not less than
seven years after payment or receipt of any sum involved in the particular
transaction, unless a shorter period has been fixed by the State Public
Records Board pursuant to § 16.61(3)(e), Wis. Stats., and
then after such shorter period:
(1)
Bank statements, deposit books, slips and stubs.
(2)
Bonds and coupons after maturity.
(3)
Canceled checks, duplicates and check stubs.
(4)
License and permit applications, stubs and duplicates.
(5)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(6)
Receipt forms.
(7)
Special assessment records.
(8)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
B.
Town officers may destroy the following utility records of which
they are the legal custodians and which are considered obsolete, but
not less than seven years after the record was effective unless a
shorter period has been fixed by the State Public Records Board pursuant
to § 16.61(3)(e), Wis. Stats., and then after such a shorter
period, except that water stubs, receipts of current billings and
customers' ledgers may be destroyed after two years.
[Amended 3-13-2019 by Ord. No. 1]
C.
Town officers may destroy the following records of which they are
the legal custodian and which are considered obsolete, but not less
than seven years after the record was effective unless another period
has been set by statute, and then after such a period, or unless a
shorter period has been fixed by the State Public Records Board pursuant
to § 16.61(3)(e), Wis. Stats., and then after such a shorter
period.
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communications.
(3)
Financial reports other than annual financial reports.
(4)
Justice dockets.
(5)
Oaths of office.
(6)
Reports of boards, commissions, committees and officials duplicated
in the Town Board proceedings.
(7)
Election notices and proofs of publication.
(8)
Canceled voter registration cards.
(9)
Official bonds.
(10)
Police records other than investigative records.
(11)
Resolutions and petitions.
D.
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 record as provided by § 19.21(4)(a),
Wis. Stats.
Any Town officer, or the director of any department or division of Town government may, subject to the approval of the Town 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) and (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 §§ 125-4 through 125-6 of this chapter.
The Town Board, any office, any special office, committee, any
commission, any agency, any authority, any board or any other special
government units of the Town of Koshkonong and their officers, their
employees and their agents of the aforesaid may destroy any taped
records of any public meeting of the aforesaid no sooner than 90 days
after the public meeting minutes have been approved by the appropriate
government unit if the purpose of the tape recording was to make and
maintain minutes of the public meeting.
