The Town Board of the Town of Fulton has the specific authority, powers
and duties, pursuant to §§ 19.21, 19.22, 19.23, 19.31, 19.33,
19.34, 19.35, 19.36, 19.37, 19.84, 19.85, 60.22 and 60.83, Wis. Stats., to
manage and direct certain affairs related to Town of Fulton public records
and Town of Fulton public property.
The Town Board of the Town of Fulton has, by adoption of this chapter,
confirmed the specific statutory authority, powers and duties in Chapters
19 and 60, Wis. Stats., and has established by these chapters and this chapter
the statutory powers and duties of the Town Board of the Town of Fulton related
to Town of Fulton records and Town of Fulton property.
All public records and public properties belonging to the Town of Fulton,
including records and public properties of officers, special offices, committees,
commissions, agencies, authorities, boards or other special government units
of the Town of Fulton, shall be safely kept, properly maintained and carefully
preserved by the legal custodian thereof when:
A. These officers, employees or agents receive custody of
the public records and public property from their predecessor or other persons.
B. These public records and public properties are required
by state law or by Town of Fulton ordinance to be filed, deposited or kept
in the offices of these officers, employees or agents.
C. These public records and public properties are in lawful
possession of these officers, employees or agents or the possession or control
of which these officers, employees or agents may be lawfully entitled to by
state law or by Town of Fulton ordinance.
All public records and public properties of the Town of Fulton, including
records and properties of offices, special offices, committees, commissions,
agencies, authorities, boards or other special government units of the Town
of Fulton, shall be delivered by the officer, employee or agent of these Town
of Fulton government units to the successor officer, employee or agent of
these Town of Fulton government units upon demand by the officer, employee
or agent of these Town of Fulton government units, upon expiration of the
officer's term of office, upon the expiration of the employee's term of employment
or upon the expiration of the agent's term of agency with the Town of Fulton,
or upon the vacancy of the office. Upon death, the legal representative shall
be responsible to deliver such public records or public properties upon demand
to the successor of the deceased. The successor officer, successor employee
or successor agent of these Town of Fulton government units shall acknowledge
receipt of the public records and public properties and shall provide a receipt
to the officer, employee, agent or legal representative. The officer, employee,
agent or legal representative shall file a copy of such receipt with the Town
Clerk/Treasurer of the Town of Fulton. If a vacancy occurs before a successor
is qualified, employed or retained by the Town of Fulton, such public records
and public properties shall be delivered to the Town Clerk/Treasurer of the
Town of Fulton. The Town Clerk/Treasurer of the Town of Fulton shall acknowledge
receipt and shall provide a receipt to the officer, employee, agent or legal
representative. The Town Clerk/Treasurer of the Town of Fulton shall receipt
these public records and public properties on behalf of the successor and
these public records and public properties shall be delivered by the Town
Clerk/Treasurer of the Town of Fulton to the successor upon the latter's receipt
of office, employment or retention with the Town of Fulton.
The Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Fulton and their officers, their employees and their agents of the aforesaid, prior to the destruction of any public records belonging to the Town of Fulton, noted below in §
120-7, shall provide at least 60 days' notice, in writing, to the State Historical Society of Wisconsin. The Town Board of the Town of Fulton shall not be requested, pursuant to § 19.21, Wis. Stats., to provide notice to the State Historical Society of Wisconsin if the Town Board previously, by application, has received a waiver.
The Town Board of the Town of Fulton, any office, any special office,
committee, any commission, any agency, any authority, any board or any other
special government unit of the Town of Fulton and the officers, employees
and agents of the aforesaid may destroy any taped records of any public meeting
of the aforesaid no sooner than 90 days after the public meeting minutes have
been approved by the appropriate government unit if the purpose of the tape
recording was to make and maintain minutes of the public meeting.
As used in this chapter, the following terms shall have the meaning
indicated:
CUSTODIAN
A person who has charge or custody of persons or things, including
public records and other public property.
CUSTODY
The care and control of a person or thing, including public records
and other public property.
LEGAL CUSTODIAN
A person, other than a parent or guardian, or agency to whom or to
which legal custody of the child has been transferred by a court, but does
not include a person who has only physical custody of the child.
PERSONAL REPRESENTATIVE
Any person to whom letters to administer a decedent's real estate
have been granted by the court but does not include a special administrator.
TRADE SECRET
Information, including a formula, pattern, compilation, program,
device, method, technique or process, to which all of the following apply:
A.
The information derives independent economic value, actual or potential,
from not being generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value from its disclosure
or use.
B.
The information is the subject of efforts to maintain its secrecy that
are reasonable under the circumstances.