The process and procedure of registration of voters shall be
carried out pursuant to the provisions contained in § 6.26
through § 6.57, Wis. Stats., including the provisions for
same-day voter registration contained therein, which provisions are
incorporated herein by reference as if fully set forth in these ordinances.
The polls at all general elections in the Village of Somers
shall be opened at 7:00 a.m. and closed at 8:00 p.m.
The nomination of all candidates for Village elective office
shall be conducted pursuant to § 8.05(4) and (5), Wis. Stats.
Pursuant to § 7.52 and § 7.53(2m), Wis.
Stats., there is hereby established a Municipal Board of Absentee
Canvassers which is authorized to conduct centralized counting of
absentee ballots on election days as follows:
(A)
The Municipal Board of Absentee Canvassers shall be composed of the
Municipal Clerk/Treasurer, or a qualified elector of the municipality
designated by the Clerk/Treasurer, and two other qualified electors
of the municipality appointed by the Clerk/Treasurer for a term of
two years commencing on January 1 of each odd-number year. The Clerk/Treasurer
may appoint additional inspectors under § 7.30(2)(a), Wis.
Stats., to assist the Absentee Ballot Board of Canvassers in canvassing
absentee ballots under this section.
(B)
In lieu of canvassing absentee ballots at polling places under § 6.88,
Wis. Stats., the Municipal Board of Absentee Canvassers shall canvass
all absentee ballots at elections held in the municipality at a location
to be determined by the Clerk/Treasurer.
(C)
The Municipal Clerk/Treasurer shall give at least 48 hours'
notice of any meeting of the Municipal Board of Absentee Canvassers
under this section which notice shall specify the location of the
canvass of the absentee ballots.
(D)
No later than the closing hour of the polls, the Clerk/Treasurer
shall post at his or her office and on the internet at a site announced
by the Clerk/Treasurer before the polls open, a statement of the number
of absentee ballots that the Clerk/Treasurer has mailed or transmitted
to electors and that have been returned by the closing hour on election
day. In addition, the Clerk shall make such a statement available
to any person upon request.
On all trips authorized or approved by the Village Board, officers
and employees shall be reimbursed for expenses actually incurred in
accordance with written guidelines therefore established by the Village
Board, as may be revised from time to time, including all meals and
room charges therefore unless disapproved by the Board and shall receive
a per mile car allowance equal to that allowed by the Internal Revenue
Service at the time of incurrence. Per diem allowances shall not be
paid for hourly employees who receive their regular wage while on
Village business.
(A)
Definitions.
(1)
AUTHORITY — Any of the following Village entities having
custody of a Village record: an office, elected official, agency,
board, commission, municipal court, committee, counsel, department
or other authority as enumerated in § 19.32(1), Wis. Stats.,
or public body corporate and politic created by constitution, law,
ordinance, rule or order; or a formally constituted subunit of the
foregoing.
(2)
CUSTODIAN — That officer, department head, division head,
or employee of the Village designated under subparagraph (c) below,
or otherwise responsible by law to keep and preserve any Village records
or file, 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 section to respond to requests for access
to such records.
(3)
RECORD — Any material on which written, drawn, printed,
spoken, visual, or electromagnetic information is recorded or preserved,
regardless of physical form or characteristics, which 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 (including computer tapes), and computer
printouts. "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 relations 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
which are available for sale, or which are available for inspection
at a public library.
(B)
Duty to Maintain Records.
(1)
Except as provided under subparagraph (G), below, each officer
and employee of the Village shall safely keep all records received
from their predecessors. They shall also safely keep all records required
by law to be filed, deposited or kept in their office or which are
in the lawful possession or control of their office.
(2)
Upon the expiration of one's term of office or 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. The successor shall then give
a receipt to the officer or employee, who shall file the receipt with
the Village Clerk/Treasurer. If a vacancy occurs before a successor
is selected or qualifies, such records shall be delivered to the Village
Clerk/Treasurer.
(C)
Legal Custodian.
(1)
The Village Clerk/Treasurer, or the Deputy Clerk in the Village
Clerk's absence, shall be the legal custodian of all Village
records.
(2)
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority pursuant to § 19.33,
Wis. Stats., and this section.
(D)
Public Access to Records.
(1)
Except as provided in subparagraph (F), below, 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 48 hours' notice.
(4)
A requester shall be permitted to use facilities comparable
to those available to Village employees to inspect, copy or abstract
a record, pursuant to § 19.35(2), Wis. Stats.
(5)
The legal custodian may require supervision during inspection
and may impose other reasonable restrictions on the manner of access
to an original record if the record is irreplaceable or easily damaged.
(6)
A requester shall be charged a fee to defray the cost of locating
and copying records as follows:
(a)
The cost of photocopying shall be $0.25 per page.
(b)
If the form of a written record does not permit photocopying,
the actual and necessary cost of photographing and photographic processing
shall be charged.
(c)
The actual full cost of providing a copy of other records not
in printed form on paper, such as films, computer printouts and audio
or video-tapes, shall be charged. In addition, costs of complete copy
of the Village ordinances, studies or other materials in bound form
shall be their actual cost.
(d)
If mailing or shipping is necessary, the actual cost thereof
shall also be charged.
(e)
There shall be no charge for locating a record unless the actual
cost exceeds $50, in which case the actual cost shall be determined
by the legal custodian and billed to the requester.
(f)
The legal custodian shall estimate the cost of all applicable
fees and may require a cash deposit adequate to assure payment, if
such estimate exceeds $5.
(g)
Elected and appointed officials of the Village of Somers shall
not be required to pay for public records they may reasonably require
for the proper performance of their official duties.
(7)
Pursuant to § 19.34, Wis. Stats., each authority shall
adopt, prominently display, and make available for inspection and
copying at its offices a notice containing a description of its organization
and the procedure by which the public may obtain access to records
in its custody. This subsection does not apply to members of the Village
Board.
(E)
Access Procedures.
(1)
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 of 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 subparagraph (D)(6)(f), above. 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.
(2)
Each custodian, upon request for any record, shall, as soon
as practicable either fill the request or notify the requester of
the reasons for denying the request. If the legal custodian, after
conferring with the Village 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.
(3)
A request for a record may be denied as provided in subparagraph
(F), below. 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.
(F)
Limitations on Right to Access.
(1)
As provided by § 19.36, Wis. Stats., the following
records are exempt from inspection under this section.
(a)
Records specifically exempted from disclosure by state and federal
law or authorized to be exempted from disclosure by state law;
(b)
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;
(c)
Computer programs, although the material used as input for a
computer program or the materials produced as a product of the computer
program is subject to inspection; and
(d)
A record or any portion of a record containing information qualifying
as a common law trade secret.
(2)
As provided by § 43.30, Wis. Stats., public library
circulation records are exempt from inspection under this section.
(3)
In responding to a request for inspection or copying or a record
which is not specifically exempt from disclosure, the legal custodian,
after conferring with the Village Attorney, may deny the request,
in whole or in part, only if he determines that there would be harm
to 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:
(a)
Records obtained under official pledges of confidentiality which
were necessary and given in order to obtain the information contained
in them.
(b)
Records of current deliberations after a quasi judicial hearing.
(c)
Records of current deliberations concerning employment, dismissal,
promotion, demotion, compensations, performance, or discipline or
any Village officer or employee, or the investigation of charges against
a Village officer or employee, unless such officer or employee consents
to such disclosure.
(d)
Records concerning current strategy for crime detection or prevention.
(e)
Records of current deliberations or negotiations on the purchase
of Village property, investing of Village funds, or other Village
business whenever competitive or bargaining reasons require non-disclosure.
(f)
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.
(g)
Communications between legal counsel for the Village and any
officer, agent or employee of the Village, when advice is being rendered
concerning strategy with respect to current litigation in which the
Village 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.
(4)
If a record contains information that may be made public and
information that may not be made public, the custodian shall confer
with the Village Attorney prior to releasing any such record and shall
follow the guidance of the Village Attorney when separating out the
exempt material. If in the judgment of the custodian and the Village
Attorney there is no feasible way to separate the exempt material
from the nonexempt material without unreasonably jeopardizing non-disclosure
of the exempt material, the entire record shall be withheld from disclosure.
(G)
Destruction of Records.
(1)
Village officers may destroy the following non-utility financial
records of which they are the legal custodians and which are considered
obsolete, after completion of any required audit by the Bureau of
Municipal Audit or an auditor licensed under Chapter 442, Wis. Stats.,
but not less than seven years after payment or receipt of any sum
involved in the particular transaction, unless a shorter period has
been fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats.:
(2)
Village officers may destroy the following utility records of
which they are the legal custodians and which are considered obsolete
after completion of any required audit by the Bureau of Municipal
Audit or an auditor licensed under Chapter 442, Wis. Stats., subject
to State Public Service Commission regulations, but not less than
seven years after the record was effective unless a shorter period
has been fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., except that water stubs, receipts of current billings
and customers' ledgers may be destroyed after two years:
(3)
Village officers may destroy the following records of which
they are the legal custodian and which are considered obsolete, but
not less than seven years after the record was effective, unless another
period has been set by statute:
(4)
Unless notice is waived by the State Historical Society, at
least 60 days' notice shall be given the State Historical society
prior to the destruction of any record as provided by § 19.21(4)(a),
Wis. Stats.
(5)
Any tape recordings of a governmental meeting of the Town may
be destroyed, erased or reused no sooner than 90 days after the minutes
of the meting have been approved and published, if the purpose of
the recording was to make minutes of the meeting.
(H)
Preservation Through Microfilm. Any Town officer, or the director
of any department or division of Town government may, subject to the
approval of the Town Board, 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 subparagraphs (D) through (F), above.
(I)
Documents for Sale to the Public. Except as otherwise provided herein,
the fees shall be charged by the Clerk/Treasurer for specific documents
created for sale to the public by motion of the Town Board:
(A)
Purpose. The publication of certain legal notices has been simplified
by allowing legal notices to be published on certain internet sites
maintained by Wisconsin newspapers for the purpose of providing and
maintaining an electronic version of printed and published legal notices
or internet sites maintained by a municipality.
(B)
Adoption of State Statutes. Section 985.01(7), § 985.02(2)(a),
§ 985.02(2)(b), § 985.02(2)(c), § 985.02(3)
and § 985.08(1), Wis. Stats., relating to the publication
of certain legal notices on an internet site maintained by a municipality,
as may be amended from time to time, are hereby adopted by reference.
(A)
Purpose. Under the methodology of designating streets within Kenosha
County, subsequently adopted and continued by the Village, both 6th
Street and 6th Place have been previously designated and referred
in ordinances. It has come to the attention of the Village Board that
the portion of 6th Street west of the intersection of Sheridan Road
is contained within the zip code for the City of Racine, Wisconsin,
and receives mail delivery from the City of Racine Post Office. The
City of Racine also has a street known as 6th Street which has caused
confusion and errors in the delivery of mail for that portion of 6th
Street located West of the intersection of Sheridan Road located in
the Village. In order to avoid further confusion, the Village Board
hereby designates that area currently known as 6th Street which traverses
West from the intersection with Sheridan Road to be named 6th Way,
effective immediately.
(B)
Implementation. Effective immediately, Village staff shall notify
the United States Postal Service office in Racine, the Kenosha County
Department of Planning and Development and such other agencies or
authorities of the re-designation of 6th Street West of its intersection
with Sheridan Road in the Village from 6th Street to 6th Way and shall
take such other steps as are necessary or advisable including the
placement of appropriate signage so as to implement the purposes of
this ordinance.
