[Amended by Ord. No. 113-91; Ord. No. 03-2001; Res. No. 147-2004; Ord. No. 69-2005; Ord. No. 11-2006; Res. No. 37-2009; Res. No. 75-2016; 8-20-2019 by Res. No. 67-2019 (Ord. No. 15-2019), effective 8-29-2019; 11-10-2020 by Res. No. 87-2020, effective 11-24-2020; 2-16-2021 by Res. No. 26-2021, effective 3-2-2021]
(1)
Display of Procedural Information. As required by Wisconsin Statute, each designated legal custodian of public records retained by Oneida County government shall prominently display a notice for the guidance of the public, containing a description of its organization and the established times and places at which, 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.
(2)
Responding to Requests for Public Records. In responding to the request for public records, the legal custodian shall follow any applicable state and federal statutes and County policies. No records custodian will unlawfully discriminate against any public records requester.
[Amended 1-16-2024 by Res. No. 15-2024, effective 2-6-2024]
(3)
Records Retention Schedule.
(a)
Purpose. The purpose of this subsection is to establish a County-wide records retention schedule and authorize destruction of County records pursuant to that schedule on an annual basis. Record custodians do not have the authority to destroy records prior to the established retention period, unless such records have been photographically reproduced as original records pursuant to § 16.61(7), Wis. Stats. If there is not a specific law requiring a specific retention period, all records must be retained seven years, unless the Public Records and Forms Board fixes a shorter period. Notwithstanding the foregoing and subject to § 1.30(9)(d) and (e) below, recordings of a meeting, as defined in § 19.82(2), Wis. Stats., made for the purpose of making printed minutes of the meeting may be destroyed no sooner than 90 days after the printed minutes have been approved and published, including those published by filing in the Office of the County Clerk.
(b) LEGAL CUSTODIAN RECORD
Definitions.
See § 1.30(2) of this subchapter.
See § 1.30(1)(b) of this subchapter.
(c)
Historical Records. The State Historical Society of Wisconsin (SHSW) has waived the required statutory sixty-day notice under § 19.21(5)(d), Wis. Stats., for records marked "W", which designates waived notice. SHSW must be notified prior to destruction of records marked "N", designating nonwaiver. Notice is also required for any record not listed in this subsection. "N/A" indicates not applicable and applies to all County records designated for permanent retention.
(d)
Destruction After Request for Inspection. No requested record may be destroyed until after the request is granted or 60 days after the request is denied. If an action is commenced under § 19.37, Wis. Stats., the requested record may not be destroyed until a court order is issued and all appeals have been completed. See § 19.35(5), Wis. Stats.
(e)
Destruction Pending Litigation. A legal custodian having actual knowledge that a record is subject to pending litigation shall not destroy that record until litigation is resolved and all appeals have been completed.
(f)
Microfilming of Department Records. Departments may keep and preserve public records through the use of microfilm, provided that the microfilm meets the applicable standards established in § 16.61(7), Wis. Stats. Departments should consider factors, such as the retention period and estimated cost of the microfilming, in deciding which records to microfilm. After verification, paper records can be destroyed if these records are preserved on microfilm. For microfilmed records not identified as permanent, the above records retention periods apply.[1]
[1]
Editor's Note: Former Subsections (3)(g) through (ee), regarding records retention for various County departments, as amended 8-17-2021 by Res. No. 83-2021, effective 9-3-2021, which immediately followed this subsection, were repealed 8-16-2022 by Res. No. 88-2022, effective 9-13-2022. See now Subsections (3)(g), (h) and (i), below.
(g)
Adoption of Retention and Disposition Schedules. The County adopts, and incorporates by reference, the General Records Schedule identified as County Records Retention/Disposition Schedule approved by the State of Wisconsin Public Records Board as of May of 2010 and any subsequent extensions, amendments or resubmissions hereto.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]
(h)
Incorporation by Reference. The County Records Retention/Disposition Schedule shall be subject to § 25.03 of the Oneida County Code.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]
(i)
Notification of Adoption. The County Board Chair and County Clerk are authorized to provide notification of adoption to the State of Wisconsin Public Records Board and the Wisconsin Historical Society for the current County Records Retention/Disposition Schedule and any future amendments, revisions, modifications, repeals and recreations or creations of the schedule.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]