[HISTORY: Adopted by the Town Board of the Town of West Bend
by Ord. No. 90-05 (Ch. 1, Sec. 1.09,
of the 1990 Code of Ordinances). Amendments noted where applicable.]
The Town Board hereby designates the Town Clerk as the official
legal custodian of the public records of the Town. It shall be the
responsibility of the Clerk to carry out all duties and responsibilities
imposed upon the Town and the legal custodian by the Wisconsin Public
Records and Property Law, as set forth in §§ 19.31
to 19.39, Wis. Stats. The Clerk shall be responsible for the timely
response to any request for access to the public records, the release
of the public records of the Town, the conditions under which records
may be inspected and the collection of costs for the location and
reproduction of such records.
The Deputy Town Clerk is hereby designated as deputy legal custodian
to act as legal custodian in the absence of the Town Clerk.
It is directed that all employees of the Town be informed, in
writing, of the designation of the legal custodian and the deputy
legal custodian of the public records of the Town. Employees shall
be further informed of the duties of the official legal custodian
and shall also be made aware of the other requirements and provisions
of this chapter.
All requests for the release, inspection and/or reproduction
of public records of the Town shall be directed or referred to the
Town Clerk who is hereby vested with full legal power to make all
necessary decisions relative to the release, inspection and reproduction
of public records and is further granted all authority necessary to
carry out all duties and responsibilities required by either the Wisconsin
Public Records and Property Law[1] or this section. The Town Clerk shall establish hours
when persons shall have access to records maintained in the Town Hall.
The Clerk shall prepare and post a notice to the public regarding
access to public records, pursuant to § 19.34, Wis. Stats.
[1]
Editor's Note: See §§ 19.31 to 19.39, Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The cost of photocopying shall be $0.25 per page. It is intended
that the fee schedule established by the Town Board should cover the
actual, necessary, and direct costs incurred in locating a document
or in providing any person with a reproduction of any of the records
of the Town.
The records of the Town shall be retained and preserved by the
legal custodian, as required by all applicable laws, and no records
shall be destroyed without the prior written approval of the legal
custodian. Further, no record of the Town shall be destroyed after
the receipt of a request for such record until after the request is
granted or until any dispute concerning the request has been completely
and finally resolved.
A.
Financial records. The Town Clerk may destroy the following nonutility
records of which he or she is the legal custodian and which are considered
obsolete after completion of an audit by state auditors or an auditor
licensed under Ch. 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 or will, in the future, be
fixed by the Public Records Board, pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Bank statements, deposit books, slips and stubs.
(2)
Bonds and coupons after maturity.
(3)
Cancelled checks, duplicates and check stubs.
(4)
License and permit applications, stubs and duplicates.
(5)
Official bonds.
(6)
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(7)
Receipt forms.
(8)
Special assessment records.
(9)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
B.
Utility records. The Town Clerk may destroy the following records
of any municipal utility of which he or she is legal custodian and
which are considered obsolete after completion of an audit by the
state auditors or by an auditor licensed under Ch. 442, Wis. Stats.,
but not less than two years after payment or receipt of the sum involved
in the applicable transaction:
C.
Other records. The Town Clerk may destroy the following records of
which he or she is the legal custodian and which are considered obsolete,
but not less than seven years after the record was effective.
(1)
Assessment rolls and related records, including Board of Review minutes.
(2)
Contracts and papers relating thereto.
(3)
Correspondence and communications.
(4)
Financial reports other than annual financial reports.
(5)
Insurance policies.
(6)
Oaths of office.
(7)
Reports of boards, commissions, committees and officials duplicated
in the Town Board minutes.
(8)
Resolutions and petitions.
D.
Notice required. Prior to the destruction of any public record described
above, at least 60 days' notice shall be given to the State Historical
Society.
E.
Limitation. This section shall not be construed to authorize the
destruction of any public record after a period less than prescribed
by statute or state administrative regulation.
