City of Onalaska, WI Public Records

Form of request. The Wisconsin Public Records Law[1] dictates that certain actions must be taken with regards to oral requests for records and that certain more formal actions are taken in response to written requests for records. However, the state law does not expressly state how to respond to the following methods of communication. Therefore, requests made by the following means shall be responded to as follows:

Email. A request made by email may be responded to via email or in writing and shall have all of the formalities as though the request was made in writing.

Voicemail. A request made by voicemail shall be responded to as though it were made orally.

Instant messaging/text messaging. A request made in either such manner shall be treated as an oral request.

[1]

Editor's Note: See §§ 19.21 to 19.39, Wis. Stats.

Treatment of certain data as records. The Wisconsin Public Records Law provides little or no guidance as to whether the raw and perishable data of the following technologies qualify as records that must be maintained. Therefore, the Onalaska Common Council determines the following status of these technologies:

Email. The data in an email message may constitute a public record and is subject to maintenance as a public record. The data in an email is subject to the same analysis under the public records statutes as an equivalent paper or hard copy record. The Information Technology Department is responsible for ensuring that all emails are properly preserved for such analysis.

Voicemail. A voicemail message is not a public record and voicemail messages do not have to be maintained as public records. These messages are the functional equivalent of phone conversations. Phone conversations clearly are not public records. Additionally, these messages also share many of the attributes of "personal notes" which are not public records either. Finally, these messages cannot be indexed or maintained in any manner that would allow for their easy classification, searching or retrieval.

Instant messaging (IM)/text messaging (TM). Except as set forth in this subsection and in Subsection 4.01.14B.9. and 10. hereof, the data involved in IM/TM communications is not subject to maintenance as a public record. IM/TM has all of the attributes of instantaneous exchange of ideas, as does a regular telephone conversation. Furthermore, the data exchange has the same technological issues as to capturing and storage of data that is present with regards to voicemail with an additional concern—the raw data is often only briefly stored or not stored at all by the third-party vendors or hosts that provide these services. Thus, this technology is even closer to a true telephone conversation than are voicemails. Therefore, City employees and officials shall refrain from using such services for official communications purposes or for matters that would result in a public record if another format such as email or written communications were employed, unless the employee or official preserves a copy of such communications by either copying them to their email account, downloading the communications to their City computer, making a computer file of the communications or by printing and retaining a copy of such communications.

Voice over the Internet protocol (VoIP). The City does not monitor nor record the data associated with the conversations that occur over VoIP. Such conversations are the very same real-time voice communications as standard telephone conversations that are not public records. The only difference between these communications is the medium employed in transmitting the voice communications from one participant in the conversation to all others involved in the conversation.

Audio, video, data transmissions and communications. Although audio, video, data and radio transmissions and communications may be processed through City computers, the City does not routinely copy the data nor maintain records of such communications. Whenever the City copies, records or maintains copies or recordings of such communications or transmissions, those copies may constitute public records that are subject to records requests and which must be maintained according to the appropriate records retention schedule. The La Crosse County 9-1-1 Dispatch center is the custodian for police and fire radio communications.

Photo/audio/video recordings. Unless otherwise provided herein, are public records subject to requests and must be maintained according to the retention schedules published herein.

Rewritable recording systems. Those systems where the recordings are routinely overwritten by newer recordings, such as in continuous-loop videotape or digital video written to a camera's hard drive or memory, such data does not constitute a record unless it is further downloaded, printed or separately preserved to memorialize some event or proceeding. Until such time as these recordings are downloaded, printed or separately preserved, these recordings do not have to be preserved and, as the recording equipment programs/protocols may dictate, can be overwritten, erased or otherwise destroyed. However, if such data is downloaded, printed, or separately preserved, it shall be treated as a record and shall be retained in accordance with the retention schedules.

Recordings made for the purpose of preparing minutes of meetings. In accordance with § 19.21(7), Wis. Stats., any tape recording of a meeting, as defined in § 19.82(2), Wis. Stats., by any City body as defined by § 19.82(1), Wis. Stats., to include each City board, commission and committee, may be destroyed, overwritten, or recorded over no sooner than 90 days after the minutes have been approved and published if the purpose of the recording was to take minutes of the meeting.

Electronic document files. Where records, as that term is defined in § 19.32(2), Wis. Stats., exist in an electronic format only, such electronic records shall be maintained according to the appropriate retention schedule. Where both hard copy (i.e., paper) and electronic copies of a record exist, they shall each be subject to public records requests. However, when the custodian has designated, pursuant to Subsection B.9, electronic records as the official records, only the electronic copy shall be retained and made available for inspection under the public records laws. Where the custodian has not made such a designation, only the hard copy shall be subject to inspection as a public record and the electronic copies shall be treated and disposed of as draft documents that do not need to be maintained beyond creation of the final hard copy.

Electronic logs/temporary data files. These logs and temporary data files provide detailed information about the design and functionality of the City's computer network. These logs are routinely overwritten on a daily basis due to the high volume of traffic that is being logged. Unrestricted access to these logs and files would constitute a breach of system security and leave the system vulnerable to exploitation and hacking. In order to ensure network security, these logs are available to Information Technology Department authorized staff only. These determinations apply to the following types of logs and data files:

Syslogs for network electronic devices. All logs created by network devices such as firewalls, routers, switches, etc., which are used for monitoring and trending computer network traffic patterns and/or detecting unauthorized network traffic.

Network server security, application and event logs. These logs are used to monitor activity on City network servers including successful/unsuccessful login attempts, file system access, hardware performance, etc. These logs provide detailed information about City network account IDs, file system structure, and hardware profiles.

Network security appliance logs. All logs created by network security devices such as the antivirus appliance, anti-SPAM appliance, content filtering appliance, etc., which are used to monitor specific types of unauthorized or malicious traffic on the City network. These logs identify specific network traffic patterns and/or protocols that are allowed or disallowed on the City network.

Application logs. These logs are used to monitor activity on various database applications, but do not contain specific audits of database transactions. These logs can contain version information, program variables, and programming logic.

Emerging technologies and records retention. As new information technologies emerge, the Information Technologies Department shall evaluate these technologies and their benefit to City operations. The City shall consider whether any of these technologies provide the capacity to archive public records created by these technologies. Whenever it is economically and practically feasible to archive records created by such technologies, that archiving shall be incorporated into any deployment of said technologies. Whenever the technologies do not provide for such archiving capabilities, the Information Technology Department shall consider whether the benefits of employing such technologies outweigh the risks that some public records may not be retained by deployment of such technologies. Where such benefits outweigh these risks, City employees shall refrain from using such technologies for official communications purposes or for matters that would result in a public record if another format such as email or written communications were employed. In the event that such technologies are used for such communications purposes, the employee shall preserve a copy of such communications by either copying them to their email account, downloading the communications to their City computer, making a computer file of the communications or by printing and retaining a copy of such communications. The Information Technology Department shall also ensure that, as soon as practical and economically feasible, archiving systems are obtained for any information technology that is deployed without an archiving system.

Access to records; fees.

Format for delivery of records:

Same format as record exists and redacted records. Except as otherwise provided by law, any requester may receive or inspect a record in the very same format in which the City maintains the record. However, whenever it is necessary to redact or excise portions of a record in order to comply with the Wisconsin Public Records Law,[2] the redactions shall be made with the assistance of the Information Technology Department. Whenever electronic redaction or excisions cannot be done in a secure manner that preserves such redactions and prevents the viewing of the redacted information then such redactions should be made by hand, not electronically, and the requestor shall only receive a hard copy, not an electronic copy, of the redacted record. A requestor may not be charged for the time necessary to review a record and to redact or excise nonreleasable materials.

[2]

Editor's Note: See §§ 19.21 to 19.39, Wis. Stats.

Emailing records. When practicable and unless another form has been specifically requested, records shall be emailed to the requestor. There shall not be any reproduction charge for emailing records; however, such records may still be subject to payment of a location fee as established in § 19.35(3)(c), Wis. Stats.

Reproduction fees. The City of Onalaska shall adopt, at a minimum annually, a schedule of fees for the reproduction of records that shall be used by every department. Such schedule shall include the following provisions and considerations:

Fees imposed upon a records requestor may not exceed the actual, necessary and direct costs of reproducing and/or transcribing of the record, unless a fee is otherwise specifically established or authorized by state or federal law.

If the record exists in such a format that it cannot be easily reproduced, such as a mockup of a building, then the custodian may photograph the record and may charge the requestor for the actual, necessary and direct costs of such photographing and photographic processing.

No charge for copying records of 100 pages or less.

Full cost of reproduction for materials such as films, tapes, computer printouts, etc. not otherwise identified in the schedule developed under this subsection. In such cases, the department head who is the records custodian, in consultation with the City Attorney, must determine the costs for reproduction of such records. The determination of these costs shall be made by utilizing a practice or factors that are as uniform as practicable across City departments.

Location fee. If the cost of locating a requested record is $50 or more, the requester shall pay the full cost, as determined by the department head. Such cost shall not exceed the actual, necessary and direct cost of locating such record. Whenever it is determined that such location costs will exceed $50, the requestor shall be required to post a deposit with the custodian that is equal to the reasonable good faith estimate of such costs.

Mailing fee. Custodians shall impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or record that is mailed or shipped to the requester.

Fee waivers. A custodian may provide copies of a record without charge or at a reduced charge where the department head determines in writing that waiver or reduction of the fee is in the public interest.

Prepayment of fees. Custodians may require prepayment by a requester of any fee or fees imposed under this chapter if the total amount exceeds $10, and a custodian shall require prepayment by a requester of any fee or fees imposed under this subdivision if the total amount exceeds $50. If prepayment is required, the custodian shall not process the request until such prepayment has been posted with the custodian.

Special rules regarding reproduction of email records.

Reproducing emails dated earlier than January 1, 2003. Emails dated earlier than January 1, 2003, were not stored on the mail server but may be in a local archive. The restoration and location of these emails is difficult and labor intensive. Such requests for these records often take more than 15 business days to comply with due to labor and technical issues. Custodians who receive requests for these records should inform the requester of these issues. Such requests should be immediately forwarded to the Information Technology Department, who may prepare an estimate of the actual, necessary and direct cost of locating such records and whom shall provide technical assistance to the custodian.

Reproducing emails dated after January 1, 2003. Emails dated after January 1, 2003, are likely to have been preserved in a searchable format; many factors effect this, and it is largely dependent on the systems in place during the date range of the emails and the user. When requests are made, such requests for these records often take 10 or more business days to comply with due to the labor and technical issues.

Time for compliance and procedures.

Time. The fulfillment of public records requests is a high priority for the City. Therefore, each custodian, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of their determination to deny the request in whole or in part and the reasons therefor. If a request may take more than 10 business days to process, then the custodian must respond to the requestor within those 10 days with an estimate of when such processing shall be completed and an explanation of the reasons supporting that estimate.

City Attorney consultation required. Before any custodian may deny access to any records or portion thereof, the custodian must consult with the City Attorney. Such consultation shall occur as soon as practicable after the custodian has assembled and reviewed the requested record. In any response to a requestor, the custodian shall include a statement that he or she consulted the City Attorney regarding the denial of access to any records. Any denial of access made by a custodian without such consultation and statement is not considered a response from the City of Onalaska.

No destruction of records while a request is pending or while a denial of a request is being appealed. No custodian may destroy any record at any time after the receipt of a request for inspection or copying of the record until after the request is granted or until at least 60 days after the date that the request is denied. If any legal action is pending regarding or related to the record, the record may not be destroyed without the express authorization of the City 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 City Attorney.

Retention schedules. The City of Onalaska, in accordance with §§ 19.21(4)(b) and 16.61(3)(e), Wis. Stats., adopts the following record retention schedules:

Retention schedule. The City of Onalaska adopts the State of Wisconsin Municipal Records Retention Schedule. A copy of the complete schedule is attached to this Title as Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

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. No record may be destroyed at any time within 60 days of the denial of a request to review the record or any part thereof.

Compliance with federal or other record retention requirements. Notwithstanding the City of Onalaska Records Retention Schedule set forth in Subsection C.6.a. above, custodians may not destroy any record where any contract, grant, funding conditions, state or federal statute require that such records be maintained for a longer period of time.

Offer of records to State Historical Society before destruction. The City is required to offer all obsolete records to the State Historical Society in accordance with Appendix A prior to destruction of those records. The Information Technology Director or any department head may apply to the State Historical Society for a waiver of this requirement as to certain categories of records under such person's authority that they reasonably believe have little or no significant historical value.

Electronic formatting or other reproduction of records. Any City officer or department head may, with the approval of the City Attorney's office in consultation with the Information Technology Department, retain and preserve public records in their possession by means of microfilm, or another reproduction method, optical imaging or electronic formatting. Such records shall meet the standards for photographic reproduction set forth in §§ 16.61(7)(a) and (b), Wis. Stats., and Chs. PR 1 and Wis. Admin. Code 12. Such records 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 Sections 4.01.12 through 4.01.14 of this division. This division does not require that past copies of a record be converted to the new format(s). However, when the decision is made to convert old records to the new format, the original hardcopy of any document or record which has been converted to the new format may be destroyed once the Records Disposition Authorization for that records classification has been approved by the Wisconsin State Public Records Board and only when such destruction is permissible under Subsection C.5. of this section. A requester shall be charged a fee to defray the cost of copying records. The fee shall be set forth on the City of Onalaska Fee Schedule. The actual cost of duplication shall be charged for oversized documents.