[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 2.09 of the prior Code. Amendments noted where applicable.]
A.
Each officer, employee and deputy shall keep secure and preserve
all records received from his or her predecessor or other persons
as required by law to be filed, deposited or kept in his or her office
and which are in the lawful possession or control of the officer or
employee or deputies. Each officer, employee and deputy shall also
secure and preserve all records that come into his or her possession
as an officer, employee or deputy.
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 the
successor all records then in custody and the successor shall receipt
therefore to the officer or employee, who shall file said receipt
with the Town Clerk/Treasurer. If a vacancy occurs before a successor
is selected or qualified, such records shall be delivered to and receipted
for by the Town Clerk/Treasurer, to be delivered to such successor
upon taking office. In the event the Town Clerk/Treasurer's position
becomes temporarily vacant; the records shall be surrendered to the
Town Chairperson.
A.
Each elected official is the legal custodian of his or her records
and the records of his or her office.
B.
The head of each department shall be the legal custodian of all records
of such departments.
C.
Except for the Town Board, the chairperson of each committee, board,
commission or other body shall be the legal custodian of the records
of such body. Provided, however, the chairperson may designate a Town
staff member as the legal custodian.
D.
Except for Town board members, a legal custodian shall name a person
to act as legal custodian in his or her absence or the absence of
the 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.
Records will be available for inspection and copying when the custodian
is available.
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 Town 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.
No original public records of the Town shall be removed from the possession
of the legal custodian.
E.
A requester shall be charged a fee to defray the cost of locating
and copying records as follows:
(1)
There shall be a fee for photocopying per page, excluding accident
reports for the people involved. Said cost will 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 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 therefore 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 $25 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 it is determined that waiver or reduction
of the fee is in the public interest.
F.
Notice. As required in § 19.34(1), Wis. Stats., each authority,
as defined in § 19.32(1), Wis. Stats., shall adopt, prominently
display and make available for inspection a notice regarding access
to public records.
A.
Town officers may destroy the following nonutility financial records
of which they are the legal custodian and which are considered obsolete,
after completion of any audit by an auditor licensed under Chapter
442 of the Wisconsin Statutes 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.
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communication.
(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.
(12)
Bank statements, deposit books, slips and stubs.
(13)
Bonds and coupons after maturity.
(14)
Canceled checks, duplicates and check stubs.
(15)
License and permit applications, stubs and duplicates.
(16)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(17)
Receipt forms.
(18)
Special assessment records.
(19)
Vouchers, requisitions, purchase orders and all other supporting
document pertaining thereto.
B.
Town officers may destroy the following utility records of which
they are the legal custodians and which are considered obsolete after
completion of any audit by an auditor licensed under Chapter 442 of
the Wisconsin Statutes, subject to State Public Service Commission
regulations, but not less than seven years after the record was effective
unless a shorter period has been fixed by the State Public Records
Board except that water stubs, receipts of current billings and customers'
ledgers may be destroyed not less than two years after payment or
receipt of the sum involved or the effective date of said record.
C.
Notwithstanding the above provisions appearing in this section, it
is intended hereby that election materials may be destroyed according
to time schedules as made and provided in § 7.23, Wis. Stats.
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.
E.
Any tape recordings of a governmental meeting of the Town may be
destroyed, erased or reused no sooner than 90 days after the minutes
of the meeting have been approved, if the purpose of the recording
was to make minutes of the meeting.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Zoning Administrator, Police Chief, Fire Chief, Highway Commissioner
and any other professional engaged by the Town on a temporary, part-time
or full-time basis.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
