City of Colby, WI Records

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.];

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.];

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

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.

"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.

§ 132-2 Duty to maintain records.

Except as provided under § 132-7, 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.

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 Clerk-Treasurer. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Clerk-Treasurer, on behalf of the successor, to be delivered to such successor upon the latter's receipt.

§ 132-3 Legal custodians.

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 Clerk-Treasurer to act as the legal custodian.

Unless provided in Subsection C, the City Clerk-Treasurer or the Clerk-Treasurer's designee shall act as legal custodian for the Common Council and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Common Council. The following offices or authorities shall have as a legal custodian of records the individual so named:

Authority	Designated Legal Custodian
City Assessor's Office	City Assessor
General City Records (including Council Records)	City Clerk-Treasurer
Fire Department	Fire Chief
Police Department	Chief of Police
Financial Records	City Clerk-Treasurer
City Attorney's Office	City Attorney

For every authority not specified in Subsections A and B, the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian.

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 Clerk-Treasurer.

The City 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.

§ 132-4 Public access to records.

Except as provided in § 132-6, 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.

Records will be available for inspection and copying during all regular office hours.

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.

A requester shall be permitted to use facilities comparable to those available to City employees to inspect, copy or abstract a record.

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.

A requester shall be charged a fee of $0.25 per page to defray the cost of copying records.

If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

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.

If mailing or shipping is necessary, the actual cost thereof shall also be charged.

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.

(5)

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.

(6)

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.

(7)

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.

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 Common Council.

§ 132-5 Access procedures.

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 § 132-4F(5). 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.

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.

A request for a record may be denied as provided in § 132-6. 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.

§ 132-6 Limitations on right of access.

Specific records exempt from inspection. As provided in § 19.36, Wis. Stats., the following records are exempt from inspection and/or copying under this chapter:

Records specifically exempted by state or federal law. Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law.

Investigative records. 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.

Computer programs and data. Computer programs, as defined in § 16.971(4)(c), Wis. Stats., are not subject to examination or copying, but the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection. (Note: The limits to access to computer programs and electronic files are clarified in WIREdata, Inc. v. Village of Sussex, 2008 WI 69, 310 Wis. 2d 397, 751 N.W.2d 736, 05-1473.)

Trade secrets. 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(1)(c), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(5)

Identities of applicants for public positions. The identity of an applicant for a public position other than a local public office may be withheld upon the request of such applicant unless such applicant is a final candidate for that position as defined in § 19.36(7), Wis. Stats.

(6)

Identities of law enforcement informants. If a law enforcement agency receives a request to inspect or copy a record that contains information including, but not limited to, a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record. Section 19.36(8), Wis. Stats., provides, however, that the legal custodian of the record may release such information after making a determination that the public interest in allowing a person to inspect or copy such identifying information outweighs the harm done to the public interest by providing such access. "Informant" and "law enforcement agency" are defined in § 19.36(8), Wis. Stats.

(7)

Employee personnel records. Unless access is specifically authorized or required by statute, access is not permitted to personnel records containing the following information, except to the employee or the employee's representative to the extent required under § 103.13, Wis. Stats., or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain under Ch. 111, Wis. Stats., or pursuant to a collective bargaining agreement under Ch. 111, Wis. Stats.:

(a)

Information maintained, prepared or provided by an employer concerning the home address, home electronic mail address, home telephone number or social security number of an employee, unless the employee authorizes the authority to provide access to such information.

(b)

Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by a municipal employee prior to disposition of the investigation.

(c)

Information pertaining to an employee's employment examination, except an examination score if access to that score is not otherwise prohibited.

(d)

Information relating to one or more specific employees that is used by the employer for staff management planning, including performance evaluations, judgments or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference or other comments or ratings relating to employees.

(8)

Records containing personal information of an individual holding a local or state public office. Unless access is specifically authorized or required by state statute, an authority shall not provide access to records, except to an individual to the extent required under § 103.13, Wis. Stats., containing information maintained, prepared or provided by an employer concerning the home address, home electronic mail address, home telephone number or social security number of an individual who holds a local or state public office, unless the individual authorizes the authority to provide access to such information. This limitation does not apply to the home address of an individual who, as a condition of employment, is required to reside in a specified location.

(9)

Personally identifiable information relating to certain employees. Unless access is specifically authorized or required by statute, an authority shall not provide access to a public record prepared or provided by an employer performing work on a project to which § 66.0903, Wis. Stats., applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or otherwise personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. "Personally identifiable information" does not include an employee's work classification, hours of work or wages or benefit payments received for work on such a project.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(10)

Financially identifying information. An authority shall not provide access to personally identifiable data that contains an individual's account or customer number with a financial institution, including credit card numbers, debit card numbers, checking account numbers or draft account numbers, unless specifically required by law.

Public library circulation records. As provided by § 43.30, Wis. Stats., public library circulation records are exempt from inspection under this chapter.

Assessor's income and expense records. 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, 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 discharge 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 by the Board of Review in performance of its official duties); or pursuant to the order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), Wis. Stats., unless a court determines that it is inaccurate, is, per § 70.47(7)(af), Wis. Stats., not subject to the right of insertion and copying under § 19.35(1), Wis. Stats.

Municipal utility customer information.

Restrictions on access to customer information; exceptions. Pursuant to § 196.137(2), Wis. Stats., a municipal utility of the City of Colby shall not release customer information to any person except with the prior consent of the customer. Customer information is not subject to inspection or copying under § 19.35, Wis. Stats. The following are exceptions to this prohibition where municipal utility customer information may be released to the following parties without prior consent from the utility customer:

(a)

Agents, vendors, partners and affiliates of the municipal utility that are engaged to perform any services or functions for or on behalf of the utility. This may include other municipal departments;

(b)

Transmission and distribution utilities and operators within whose geographic service territory the customer is located;

(c)

The Wisconsin Public Service Commission (PSC) or any person whom the PSC authorizes by order or rule to receive customer information;

(d)

An owner of a rental dwelling unit to whom the municipal utility provides notice of past-due charges per § 66.0809(5), Wis. Stats.;

(e)

A municipal security purchaser or investor in order to comply with security disclosure obligations;

(f)

A title agent, insurer, lender, mortgage broker or attorney in connection with the preparation of real estate closing documents;

(g)

A lender or prospective purchaser in connection with the foreclosure of a property;

(h)

An owner of real property provided with municipal utility service or the owner's designated agent; or

(i)

Any person who is otherwise authorized by law to receive customer information.

Definitions. The following definitions shall be applicable in this Subsection D:

CUSTOMER INFORMATION

Any information received from municipal utility customers which serves to identify customers individually by usage or account status.

MUNICIPAL UTILITY

Has the meaning given in § 196.377(2)(a)3, Wis. Stats.

Miscellaneous grounds for records access denial. 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 municipal attorney, may deny the request, in whole or part, only if the legal custodian determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. In addition to specific nondisclosure records specified in this section, general examples of matters involving certain official closed meeting minutes or sensitive internal municipal investigative matters for which disclosure may be refused include, but are not limited to, the following:

Quasi-judicial hearing deliberations. Pursuant to § 19.85(1)(a), Wis. Stats., records of deliberations concerning a case which was the subject of any judicial or quasi-judicial hearing or trial before that governmental body.

Employment deliberations records. Pursuant to § 19.85(1)(b), Wis. Stats., records of current deliberations concerning employment, dismissal, promotion, demotion, compensation determination, performance or discipline of any municipal officer or employee, or the investigation of charges against a municipal officer or employee, unless such officer or employee consents to such disclosure.

Crime prevention strategies. Pursuant to § 19.85(1)(d), Wis. Stats., records concerning current strategy for crime detection or prevention.

Records pertaining to competitive or bargaining matters. Pursuant to § 19.85(1)(e), Wis. Stats., records of current deliberations or negotiations on the purchase of property for the municipality, investing of municipal funds or other municipal business whenever competitive or bargaining reasons require nondisclosure.

(5)

Sensitive personal information. Pursuant to § 19.85(1)(f), Wis. Stats., medical, financial, social or personal histories or disciplinary data for 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.

(6)

Privileged communications with legal counsel. Pursuant to § 19.85(1)(g), Wis. Stats., records of current deliberations which involve communications between legal counsel for the municipality and any official, officer, agent or employee of the municipality when legal advice being rendered concerning strategy with respect to current litigation in which the municipality or any of its officials, officers, agents or employees is or is likely to become involved, or communications which are privileged under § 905.03, Wis. Stats.

(7)

Ethics opinions. 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.[1]

[1]

Editor's Note: Original § 3-3-6(e)(8), Certain acts by businesses, of the 1995 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Redacting. If a municipal 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 legal custodian of the record shall confer with the municipal attorney prior to releasing any such record and shall follow the guidance of the municipal attorney when separating out the exempt material. If, in the judgment of the legal custodian and the municipal 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.

§ 132-7 Retention and destruction of municipal records.

Purpose; authority.

The purpose of this section is to provide City of Colby officers and employees with the authority to destroy certain obsolete public records retained and in the possession of the City of Colby in conformance with the Wisconsin Municipal Records Schedule, approved on August 27, 2018, by the State of Wisconsin Public Records Board, and which will expire on August 27, 2028.

In instances when a municipal record is not addressed in the Wisconsin Municipal Records Schedule, the City may destroy certain obsolete municipal records in conformance with the Wisconsin Public Records Board's General Records Schedules.