[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 3, Ch. 3, of the 2004
Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
The total cost of personnel including wages, fringe benefits
and all other benefits and overhead related to the time spent in search
of records.
Any of the following City of Amery entities having custody
of a City 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.
That officer, department head, division head, or employee of the City designated under § 125-3 or otherwise responsible by law to keep and preserve any City records or file, deposit or keep such records in his or her office, or who is lawfully in possession or entitled to possession of such public records and who is required by this chapter to respond to requests for access to such records.
The actual cost of personnel plus all expenses for paper,
copier time, depreciation and supplies.
Any material on which written, drawn, printed, spoken, visual,
or electromagnetic information or electronically generated or stored
data is recorded or presented, 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, General
Provisions, Art. II)]
A.
Except as provided under §§ 125-7 and 125-8, each officer and employee of the City 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 City Administrator/Clerk-Treasurer. If a vacancy
occurs before a successor is selected or qualifies, such records shall
be delivered to and receipted for by the City Administrator/Clerk-Treasurer,
on behalf of the successor, to be delivered to such successor upon
the latter's receipt.
A.
Each elected official is the legal custodian of his or her records
and the records of his or her office, but the official may designate
the City Administrator/Clerk-Treasurer to act as the legal custodian.
[Amended 7-10-2019 by Ord. No. 17-2019]
B.
Unless provided in Subsection C, the City Administrator/Clerk-Treasurer or the City Administrator/Clerk-Treasurer's designee shall act as legal custodian for the City and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the City Council. The following offices or authorities shall have as legal custodian of records the individual so named.
[Amended 7-10-2019 by Ord. No. 17-2019]
|
Authority
|
Designated Legal Custodian
|
|---|---|
|
General City records (including Council records)
|
City Administrator/Clerk-Treasurer
|
|
Fire Department
|
Fire Chief
|
|
Police Department
|
Chief of Police
|
C.
Duties; notice of designated custodians.
(1)
As the custodian of the records of the City, the individuals in the positions designated in Subsection B shall be responsible to the City Council for a timely response to any request for access to the public records of the City. The custodian shall be responsible for the release of the public records of the City, the conditions under which records may be inspected, and the collection of costs for the location, reproduction, and/or mailing or shipping of such records, as well as for the preparation of written statements denying access in whole or in part.
(2)
It is directed that all employees of the City be informed in writing
that the above described officers have been designated the custodians
of the public records of the City. Employees shall further be informed
of the duties of the custodians and shall also be made aware of the
other requirements and provisions of this policy.
E.
Each legal custodian shall name a person to act as legal custodian
in his or her absence or in the absence of his or her designee, and
each legal custodian shall send notice of the designated deputy to
the City Administrator/Clerk-Treasurer.
[Amended 7-10-2019 by Ord. No. 17-2019]
F.
The City Administrator/Clerk-Treasurer shall establish criteria for
establishing the records system and shall cause the department/office
records system to be reviewed on an annual basis.
A.
Powers of the custodian of the records of the City.
(1)
All requests for the release, inspection and/or reproduction of the
public records of the City shall be directed or referred to the responsible
custodian.
(2)
The custodian is hereby vested with full legal power to make all
necessary decisions relative to the withholding of or release, inspection
and reproduction of public records and is further granted all authority
necessary to carry out all duties and responsibilities required by
either the Wisconsin Public Records Law (§§ 19.31 to
19.39, Wis. Stats.) or this chapter.
B.
Access policies.
(1)
Except as provided in § 125-6, 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.
(2)
Records will be available for inspection and copying during all regular
office hours.
(3)
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.
(4)
A requester shall be permitted to use facilities comparable to those
available to City employees to inspect, copy or abstract a record.
(5)
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.
C.
Adoption of fee schedule regarding the costs for the location and/or
reproduction of the records of the City.
(1)
The City Council hereby adopts a fee schedule in accord with § 19.35(3),
Wis. Stats., to cover the actual costs relating to the location, reproduction
and mailing or shipping of any of the records of the City. It is intended
that this fee schedule shall cover the payment of the actual, necessary
and direct costs incurred in locating a document, in providing any
person with a reproduction of any of the records of the City and in
sending the same to the requestor. This schedule shall be reviewed
periodically by the City Council and adjusted by motion or resolution
as the need arises. Exceptions to the fee schedule may be considered
by the custodian.
(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-
and 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 shall require a cash deposit adequate to assure payment, if such
estimate exceeds $5.
(7)
Elected and appointed officials of the City 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.
D.
Notice.
(1)
Pursuant to § 19.34(1), Wis. Stats., the City hereby adopts
a notice as the official means of advising the public of the procedure
of the City in responding to requests for release, inspection or reproduction
of the records of the City.
(2)
The notice is intended to provide all necessary information which
might be required by a member of the public in order to obtain access
to the records of the City. Any questions in regard to the notice
shall be directed to the custodian of the records of the City.
(3)
The notice may be modified from time to time by City Council action,
but absent such modification, the decisions of the custodian of the
records of the City shall be in conformity with its provisions.
(4)
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. This subsection does not
apply to members of the City Council.[1]
[1]
Editor's Note: Original Secs. 3-3-4(e) and 3-3-4(f) of the 2004 Code of Ordinances, Indemnification of the Custodian of the Records of the City and Separation of Information, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 125-4C(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 City 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 § 125-6. 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 in § 19.36, Wis. Stats., the following records
are exempt from inspection under this chapter:
(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 and files, although the material used as input
for a computer program/file or the material produced as a product
of the computer program is subject to inspection; and
(4)
Pursuant to § 905.08, Wis. Stats., a record or any portion
of a record containing information qualifying as a trade secret as
defined in§ 134.90(l)(c), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 City 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)
Pursuant to § 19.85(1)(a), Wis. Stats., records of current
deliberations after a quasi-judicial hearing.
(3)
Pursuant to § 19.85(1)(b) and (c), Wis. Stats., records
of current deliberations concerning employment, dismissal, promotion,
demotion, compensation, performance, or discipline of any City officer
or employee, or the investigation of charges against a City officer
or employee, unless such officer or employee consents to such disclosure.
(4)
Pursuant to § 19.85(1)(d), Wis. Stats., records concerning
current strategy for crime detection or prevention.
(5)
Pursuant to § 19.85(1)(e), Wis. Stats., records of current
deliberations or negotiations on the purchase of City property, investing
of City funds, or other City business whenever competitive or bargaining
reasons require nondisclosure.
(6)
Pursuant to § 19.85(1)(f), Wis. Stats., 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)
Pursuant to § 19.85(1)(g), Wis. Stats., communications
between legal counsel for the City and any officer, agent or employee
of the City, when advice is being rendered concerning strategy with
respect to current litigation in which the City 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.
(8)
Pursuant to § 19.85(1)(h), Wis. Stats., requests for confidential
written advice from an ethics board, and records of advice given by
such ethics board on such requests.
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 City Attorney prior to releasing any such record
and shall follow the guidance of the City Attorney when separating
out the exempt material. If, in the judgment of the custodian and
the City 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.
E.
Whenever the Assessor, in the
performance of the Assessor's duties, requests or obtains income and
expense information pursuant to § 70.47(7)(af), Wis. Stats.,
or any successor statute thereto, then such income and expense information
that is provided to the Assessor shall be held by the Assessor on
a confidential basis; except, however, that the information may be
revealed to and used by persons: in the discharging of duties imposed
by law; in the discharge of duties imposed by office (including, but
not limited to, use by the Assessor in performance of official duties
of the Assessor's office and use by the Board of Review in performance
of its official duties); or pursuant to order of a court. Income and
expense information provided to the Assessor under § 70.47(7)(af),
Wis. Stats., unless a court determines that is inaccurate, is, per
§ 70.47(7)(af), Wis. Stats., not subject to the right of
inspection and copying under § 19.35(1), Wis. Stats.
A.
Historical records. Under § 19.21(4)(a), Wis. Stats., municipalities
must notify the State Historical Society of Wisconsin (SHSW) prior
to destroying records. However, the SHSW has waived the required 60
days' notice for any record marked "W" (waived notice). The SHSW must
be notified prior to destruction of a record marked "N" (nonwaived).
Notice is also required for any record not listed in the records retention
schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Microfilming or optical imaging of records. Local units of government
may keep and preserve public records through the use of microfilm
providing the microfilm or optical imaging meets the applicable standards
in § 16.612, Wis. Stats. Retention periods and estimated
costs and benefits of converting records between media should be considered.
After verification, paper records converted to microfilm or optical
imaging should be destroyed. The retention periods identified in the
records retention schedule apply to records in any media.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
E.
Review and approval by Public Records Board. This chapter and the
retention periods of less than seven years have been reviewed and
approved by the Public Records and Forms Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended 7-10-2019 by Ord. No. 17-2019; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
The records retention schedule is on file at the office of the
City Administrator/Clerk-Treasurer.[1]
[1]
Editor's Note: The following original sections of the 2004 Code of Ordinances: Sec. 3-3-7(f), Legend; and Sec. 3-3-9, Preservation through microfilm, as amended 7-10-2019 by Ord. No. 17-2019, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
