[HISTORY: Adopted by the Village Board of the Village of Fox Crossing 7-13-2020 by Ord. No. 200713-1. Amendments noted where applicable.]
Public records for which the Village of Fox Crossing is the legal custodian shall be retained for a period of time as prescribed by § 19.21(4)(b), Wis. Stats., unless another period of time has been set by statute, or unless a shorter period has been set by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats.
Public records deemed obsolete by the Village officer serving as legal custodian may be destroyed pursuant to the provisions of this article only after passage of the retention period prescribed by state statute, unless a shorter period has been set by the State Public Records Board, and then only after passage of such shorter period. No record shall be destroyed for which there is reason to believe litigation may be pending, regardless of whether the retention period has concluded.
A. 
Notice to Historical Society. Prior to the destruction of any public record, at least 60 days' notice shall be given the State Historical Society, unless such notice has been waived.
B. 
Limitation. This section shall not be construed to authorize destruction of any public record after a period less than that prescribed by statute or state administrative regulations.
Any public record may be kept and preserved by the use of microfilm or other reproductive device. Any photographic reproduction shall be deemed an original record for all purposes if it meets the applicable standards of § 16.61(7), Wis. Stats. Once reproduced by photographic reproduction, the original document may be destroyed or otherwise disposed of.
A. 
Except as provided by statute (or ordinance), each officer and employee of the municipality 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 Village Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Village Clerk, on behalf of the successor, to be delivered to such successor upon the latter's receipt.
A. 
Each elected or appointed 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 Village Clerk or the Village Clerk's designee shall act as the legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the municipality.
C. 
For every authority not specified in Subsection A or B, the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the 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 Subchapter II of Ch. 19, Wis. Stats., and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.
A. 
Except as provided in § 115-8, 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 municipal 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 as provided in the Village Fee Schedule. Said cost shall be 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 or 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 municipality 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 §§ 115-6 through 115-8 of this article. This subsection does not apply to members of the Village Board.
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 § 115-6F(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 Municipal 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 § 115-8. 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 section:
(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.
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 Municipal 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) 
Records of current deliberations after a quasi-judicial hearing.
(3) 
Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any municipal officer or employee, or the investigation of charges against a municipal officer or employee, unless such officer or employee consents to such disclosure.
(4) 
Records concerning current strategy for crime detection or prevention.
(5) 
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.
(6) 
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) 
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.