As used in this chapter, the following terms shall have the
meanings indicated:
ACTUAL COST
The total cost of personnel, including wages, fringe benefits
and all other benefits and overhead related to the time spent in search
of records.
AUTHORITY
Any of the following City of Colby 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.
CUSTODIAN
That officer, department head, division head or employee of the City designated under §
132-3 or otherwise responsible by law to keep and preserve any City records or files, deposit or keep such records in his or her office, or 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.
DIRECT COST
The actual cost of personnel plus all expenses for paper,
copier time, depreciation and supplies.
PUBLIC RECORD
[Amended 5-7-2019 by Ord.
No. 2019-7]
A.
Includes:
(1)
All property and things received from the (municipal) officer's
predecessor or other persons and required by law to be filed, deposited
or kept in the officer's office, or which are in the lawful possession
or control of the officer or the officer's deputies [§ 19.21(1),
Wis. Stats.];
(2)
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 [§ 19.32(2),
Wis. Stats.];
(3)
All books, papers, maps, photographs, films, recordings, optical
discs, electronically formatted documents or other documentary materials,
regardless of physical form or characteristics, made or received by
any state agency or its officers or employees in connection with the
transaction of public business [§ 16.61(2)(b), Wis. Stats.];
and
(4)
Includes, but is not limited to, handwritten, typed or printed
pages, maps, charts, photographs, films, recordings, tapes (including
computer tapes), CDs, DVDs, flash drives, emails and computer printouts.
B.
"Public 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 which are purely the personal
property of the custodian and have no relation to his/her office or
employment/duties with the municipality; materials to which access
is limited by copyright, patent or bequest; and published materials
in the possession of the authority other than a public library which
are available for sale, or which are available for inspection at a
public library.
Any City officer or the director of any department or division of City government may, subject to the approval of the City Clerk-Treasurer, keep and preserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in § 16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of state law and of §§
132-4 through
132-6 of this chapter.
The custodian of records may keep and preserve public records
by means of microfilm or other reproductive device, optical imaging
or electronic formatting. Such records shall meet the standards for
reproduction set forth in §§ 16.61(7) and 16.612, Wis.
Stats., and §§ Adm 12.01 through 12.05, Wis. Adm. Code,
and shall be considered original records for all purposes.