[HISTORY: Adopted by the Town Board of the Town of Wescott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-2017 by Ord. No. 2017-01]
This article is designed to repeal Town of Wescott Ord. No.
94-9 and set forth an open records request procedure and fees for
the location and reproduction of Town records under the public records
laws of this state, including § 19.35(3), Wis. Stats.
The Town Board of Supervisors of the Town of Wescott, Shawano County, Wisconsin, has specific authority under Ch. 19 and Ch. 60, Wis. Stats., to adopt this article.
Except as provided in § 19.36, Wis. Stats., 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. Records will
be available for inspection and copying during all regular office
hours.
All open records requests requiring the location and compilation
of records shall be charged a processing fee consistent with the actual,
necessary and direct cost of location as determined by the Town Clerk
pursuant to § 19.35(3)(c), Wis. Stats. Fees for the location
and preparation of records shall not be billed to the requester until
a minimum of $50 in fees has accumulated. Multiple requests made by
a requester for open records of related subject matter may have location
fees combined at the discretion of the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Reproduction of records shall be made in the form that is the
most convenient and cost effective to the Town at the discretion of
the Town Clerk. The fee for the reproduction of records shall be in
an amount as set from time to time by resolution of the Town Board,
plus actual Town expenses. Fees shall be paid to the Town of Wescott.
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. Upon proper completion and submission of a request, the
Town will provide the requester with a response and an estimation
of costs associated with the request. When the Town estimates that
the cost of all applicable fees exceeds $5, the Town may require a
cash deposit adequate to assure payment.
A request to inspect or copy a record is 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.
If any provision of this article or its application to any person
or circumstance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remaining provisions shall not be affected
and shall remain in full force and effect.
[Adopted 12-11-2018 by Ord. No. 2018-03]
This article is entitled the "Town of Wescott Ordinance to Adopt
the Wisconsin Municipal Records Schedule." The purpose of this article
is to provide the legal custodian(s) of public records in the possession
of the Town of Wescott with the authority to retain and destroy those
records.
The Town Board of the Town of Wescott, Shawano County, Wisconsin,
has the specific authority under § 60.83 and § 19.21(4),
Wis. Stats., to adopt an ordinance to address the management and destruction
of public records.
The Wisconsin Municipal Records Schedule, as approved by the
Public Records Board on the August 27, 2018, attached hereto and incorporated
herein by reference, is hereby adopted by the Town Board of Wescott
as the Town's official record retention schedule.
When a record has met the terms of the retention period, the
record may be destroyed by the legal custodian of the record, provided
the custodian has complied with the notification requirement set forth
in § 19.21(4), Wis. Stats., to the Wisconsin State Historical
Society.
In the event of any conflict between the terms of this article
and any applicable state statute, the applicable state statute shall
control.
This article shall become effective upon its publication and/or
posting in the manner set forth in § 60.80, Wis. Stats.
