[HISTORY: Adopted by the Village Board of the Village of Maple Bluff
as §§ 3.07 and 3.11 of the 1986 Code. Amendments noted where
applicable.]
For the purposes of 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.
That officer, department head, division head, or employee of the Village designated under § 55-3 and otherwise responsible by law to keep and preserve any Village records on file and 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. In the
event that the foregoing definition is inconsistent with § 19.32(2),
Wis. Stats., the definition in that section shall prevail.[1]
A.
Except as provided under § 55-7, 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 such receipt with the
Clerk-Treasurer. If a vacancy occurs before a successor is selected or qualifies,
such records shall be delivered to such successor upon the latter's receipt.
A.
The Clerk-Treasurer or, in his or her absence or disability
or in case of vacancy, the Village President is hereby designated the legal
custodian of all Village records.
B.
Unless otherwise prohibited by law, the Clerk-Treasurer
or 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.
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.
A.
Except as provided in § 55-6, any person has a right to inspect a record and to make or receive a copy of any records 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.
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 the present, current
per-page cost as determined by the custodian. Such 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 audiotapes
or videotapes, 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 thereof exceeds $50, in which case the actual cost shall be
determined by the legal custodian and billed to the requester.
(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 §§ 19.31 to 19.39, Wis. Stats., and
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 § 55-4F(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 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 § 55-6. 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, 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.
(4)
A record or any portion of a record containing information
qualifying as a common law trade secret.
B.
As provided by § 43.30, Wis. Stats., public
library circulation records are exempt from inspection under this chapter.
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)
Records of current deliberations after a quasi-judicial
hearing.
(3)
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)
Records concerning current strategy for crime detection
or prevention.
(5)
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)
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)
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.
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.
Financial records. The Clerk-Treasurer may destroy the
following nonutility records of which he 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
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)
Official bonds.
(6)
Payrolls and other time and employment records of personnel
included under the Wisconsin Retirement Plan.
(7)
Receipt forms.
(8)
Special assessment records.
(9)
Vouchers, requisitions, purchase orders and all supporting
documents pertaining thereto.
(10)
Vouchers and supporting documents pertaining to charges
not included in plant accounts of municipal utilities and the Sewer Department.
(11)
Other municipal utility and Sewer Department records,
with the written approval of the State Public Service Commission.
B.
Utility records. The Clerk-Treasurer may destroy the
following records of any municipal utility, subject to the regulations by
the State Public Service Commission, and of the Sewer Department of the Village
of which he is the legal custodian and which are considered obsolete, after
completion of an audit by 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 Clerk-Treasurer may destroy the following
records of which he 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 Village Board minutes.
(8)
Resolutions and petitions.
(9)
Voter cards.
D.
Interpretation. This section shall not be construed to
authorize the destruction of any public record after a lesser period than
that prescribed by statute or state administrative regulation.
E.
Notice required. Prior to the destruction of any public
record described above, at least 60 days' notice shall be given the State
Historical Society pursuant to § 19.21(5), Wis. Stats.