[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 2.08 of the 2011 Code; amended in
its entirety 11-7-2016 by Ord.
No. 2016-10]
Any record not covered by this article or any regulation or
law shall be retained seven years unless the record is added by amendment
into this article and a shorter time period is approved by the State
Public Records Board. After seven years, except as otherwise provided
in this article, the legal custodian may destroy obsolete records.
As used in this article, the following terms shall have the
meanings indicated:
The individual responsible for maintaining records pursuant
to § 19.33, Wis. Stats.
Has the meaning defined in § 19.32(2), Wis. Stats.
A.
Historical records. Notification to the Wisconsin Historical Society
(WHS). Under § 19.21(4)(a), Wis. Stats., the Legal Custodian
must give at least 60 days' written notice to the WHS prior to destroying
records. The WHS shall preserve any records that it determines to
be of historical interest. However, the WHS has waived the required
statutory sixty-day notice for any record designated in the retention
schedule with "waived" (waived notice). The WHS must be notified prior
to destruction of any record designated with "notify" (not waived).
"N/A" indicates not applicable and applies to any record designated
for permanent retention with the original custodian. Notice to the
WHS is also required for any record not listed in this article.
B.
Microfilming or optical imaging of records. The Village may keep
and preserve public records through the use of microfilm or optical
imaging, providing the microfilm or optical imaging meets the applicable
standards in § 16.61(7) (microfilm) and § 16.612
(optical imaging), Wis. Stats. Legal custodians should consider retention
periods and estimated costs and benefits of converting records between
different media in deciding which records to microfilm or store in
the optical disk format. After verification, records converted to
microfilm or optical imaging should be destroyed. The retention periods
identified in this article apply to records in any media.
C.
Destruction after request for inspection. No requested records 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 after
a court order is issued and all appeals have been completed. See § 19.35(5),
Wis. Stats.
D.
Destruction pending litigation. No record subject to pending litigation
shall be destroyed until the litigation is resolved. If any legal
action is pending regarding or related to the record, the record may
not be destroyed without the express authorization of the Village
Attorney. No record that is the object of or which has been produced
pursuant to a discovery order or a subpoena may be destroyed without
the express consent of the Village Attorney.
E.
Limitation. This article does not authorize destruction of any public
record after a period less than that prescribed by statute or state
administrative regulations.
F.
Audio/video recordings. Any audio/video recordings of a governmental
meeting of the Village may be destroyed, erased or reused no sooner
than 90 days after the minutes of the meeting have been approved and
published, if the purpose of the recording was to make minutes of
the meeting. Video and audio recordings that are made for any other
purpose shall be retained for a period of not less than seven years
from the date of the recording unless another period has been set
by statute, in which case that retention period shall apply.
G.
Records that are evidence. No record may be destroyed that has been
identified as, or that may have value as, evidence in any civil or
criminal legal proceeding, labor arbitration or disciplinary action.
H.
Compliance with federal or other retention requirements. Notwithstanding
the Village of Williams Bay Records Retention Schedule, legal custodians
may not destroy any record where any contract, grant, funding conditions,
or state or federal statute requires that such records be maintained
for a longer period of time.
A.
Retention period. Refers to the time that the identified records
must be kept until destruction.
(1)
CR stands for "creation," which usually refers to receipt for creation
of the record.
(2)
FIS stands for "current fiscal year" and the additional amount of
time as indicated.
(3)
EVT stands for "event" and refers to an occurrence that starts the
retention clock ticking. Close of contract, termination of an employee
and the disposition of a case are common events.
C.
WHS notice. Refers to whether or not the Wisconsin Historical Society
(WHS) has waived the required statutory notification prior to destruction
of records.
(1)
W (waived) means records are not historical and the required sixty-day
notification is waived.
(2)
N (non-waived) means the records may have secondary historical value
and therefore WHS notification is required on a case-by-case basis
prior to destruction.
(3)
N/A means not applicable and refers to those circumstances where
a local unit of government is retaining the record permanently.
[Amended 12-20-2021 by Ord. No. 2021-13]
The General Records Schedule, Wisconsin Municipal and Related
Records, is hereby adopted in its entirety and shall constitute the
Village of Williams Bay Record Retention Schedule.[1]
[1]
Editor's Note: The Record Retention Schedule is on file in
the office of the Village Clerk.
