[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 2, Ch. 9 of the 1986 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any of the following village entities having custody of a village
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.
The officer, department head, division head or employee of the village designated under § 71-3 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 who 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.
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),
computer printouts and optical disks. "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 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.[1]
The Village of Webster and its administrative subunits.
A.
Except as provided under § 71-7, each officer and employee of the village 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.
B.
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 Village 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.
A.
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
an employee of his or her staff to act as the legal custodian.
B.
Unless provided in Subsection C, the Clerk-Treasurer or the Clerk-Treasurer's designee shall act as legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Village Board. The following offices or authorities shall have as a legal custodian of records the individual so named:
|
Authority
|
Designated Legal Custodian
|
|---|---|
|
General records (including Board records and financial records)
|
Clerk-Treasurer
|
|
Fire Department
|
Fire Chief
|
|
Village Attorney's office
|
Village Attorney
|
D.
Each legal custodian shall name a person to act as legal
custodian in his or her absence or the absence of his or her designee, and
each legal custodian shall send notice of the designated deputy to the Clerk-Treasurer.
E.
The legal custodian shall have full legal power to render
decisions and to carry out the duties of an authority under Subchapter II
of Chapter 19, Wis. Stats., and this chapter. The designation of a legal custodian
does not affect the powers and duties of an authority under this section.
A.
Except as provided in § 71-6, 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.
B.
Records will be available for inspection and copying
during all regular office hours.
C.
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.
D.
A requester shall be permitted to use facilities comparable
to those available to village employees to inspect, copy or abstract a record.
E.
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. No original
public records of the village shall be removed from the possession of the
legal custodian.
F.
A requester shall be charged a fee to defray the cost
of locating and copying records as follows:
(1)
The cost of photocopying shall be as established by the
Village Board, excluding accident reports. Said cost shall be calculated not
to exceed the actual, necessary and direct cost of reproduction.
(2)
If the form of a written record does not permit copying,
the actual and necessary cost of photographing and photographic processing
shall be charged.
(3)
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.
(4)
If mailing or shipping is necessary, the actual cost
thereof shall also be charged.
(5)
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. The village
will determine the cost of locating a record by using the hourly rate of $15
per hour for employees involved in attempting to locate the record.
(6)
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.
(7)
Elected and appointed officials of the village shall
not be required to pay for public records they may reasonably require for
the proper performance of their official duties.
(8)
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.
G.
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. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of §§ 71-4 through 71-6 of this chapter. This subsection does not apply to members of the Village Board.
A.
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 § 71-4F(6). 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.
B.
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 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.
C.
A request for a record may be denied as provided in § 71-6. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for 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.
A.
As provided by § 19.36, Wis. Stats., the following
records are exempt from inspection under this chapter:
(1)
Records specifically exempted from disclosure by state
or federal law or authorized to be exempted from disclosure by state law;
(2)
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;
(3)
Computer programs, although the material used as input
for a computer program or the material produced as a product of the computer
program is subject to inspection; and
(4)
Pursuant to § 905.08, Wis. Stats., a record
or any portion of a record containing information qualifying as a common law
trade secret. "Trade secrets" are defined as unpatented, secret, commercially
valuable plans, appliances, formulas or processes which are used for making,
preparing, compounding, treating or processing articles, materials or information
which are obtained from a person and which are generally recognized as confidential.
B.
As provided by § 43.30, Wis. Stats., public
library circulation records are exempt from inspection under this section.
C.
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 Village Attorney, may deny the request, in whole
or in part, only if he or she determines that the harm to the public interest
resulting from disclosure would outweigh 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:
(1)
Records obtained under official pledges of confidentiality
which were necessary and given in order to obtain the information contained
in them.
(2)
Pursuant to § 19.85(1)(a), Wis. Stats., records
of current deliberations after a quasi-judicial hearing.
(3)
Pursuant to § 19.85(1)(b) and (c), Wis. Stats.,
records of current deliberations concerning employment, dismissal, promotion,
demotion, compensation, performance or discipline of 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.
(4)
Pursuant to § 19.85(1)(d), Wis. Stats., records
concerning current strategy for crime detection or prevention.
(5)
Pursuant to § 19.85(1)(e), Wis. Stats., 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 nondisclosure.
(6)
Pursuant to § 19.85(1)(f), Wis. Stats., 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.
(7)
Pursuant to § 19.85(1)(g), Wis. Stats., 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.
(8)
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.
D.
If a 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 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 nondisclosure of the exempt material,
the entire record shall be withheld from disclosure.
A.
Village officers may destroy the following nonutility
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 of the Wisconsin Statutes,
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.,
and then after such shorter period:
(1)
Bank statements, deposit books, slips and stubs.
(2)
Bonds and coupons after maturity.
(3)
Canceled checks, duplicates and check stubs.
(4)
License and permit applications, stubs and duplicates.
(5)
Payrolls and other time and employment records of personnel
included under the Wisconsin Retirement Fund.
(6)
Receipt forms.
(7)
Special assessment records.
(8)
Vouchers, requisitions, purchase orders and all other
supporting documents pertaining thereto.
B.
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 of the Wisconsin Statutes, 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., and then after
such a shorter period, except that water stubs, receipts of current billings
and customers' ledgers may be destroyed after two years:
C.
Village officers may destroy the following records of
which they are the legal custodians and which are considered obsolete, but
not less than seven years after the record was effective, unless another period
has been set by statute, and then after such a period, or unless a shorter
period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such a shorter period:
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communications.
(3)
Financial reports other than annual financial reports.
(4)
Justice dockets.
(5)
Oaths of office.
(6)
Reports of boards, commissions, committees and officials
duplicated in the Village Board proceedings.
(7)
Election notices and proofs of publication.
(8)
Canceled voter registration cards.
(9)
Official bonds.
(10)
Police records other than investigative records.
(11)
Resolutions and petitions.
D.
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.
E.
Any tape recordings of a governmental meeting of the
village may be destroyed, erased or reused no sooner than 90 days after the
minutes of the meeting have been approved and published, if the purpose of
the recording was to make minutes of the meeting.
Any village officer or the director of any department or division of village government may, subject to the approval of the Village 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 §§ 71-4 through 71-6 of this chapter.
