As used in this chapter, the following terms shall have the
meanings indicated:
AUTHORITY
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.
CUSTODIAN
That officer, department head, or employee of the Village designated under §
2-9-3 or otherwise responsible by law to keep and preserve any Village records or files, deposit or keep such records in his/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.
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 at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
Except as provided in §
2-9-6, 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.
A. Records will be available for inspection and copying during all regular
office hours.
B. 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.
C. A requester shall be permitted to use facilities comparable to those
available to Village employees to inspect copy or abstract a record.
D. 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.
E. 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 standard page and $0.50
per legal 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 audio-
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 of Wild Rose shall
not be required to pay for public records they may 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/she determines that waiver or reduction
of the fee is in the public interest.
F. 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 organizations 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. This subsection does not
apply to members of the Village Board.