[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as § 3.10
of the 1994 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.
That officer, department head, division head or employee of the Village designated under § 67-3 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]
A.
Except as provided under § 67-7, 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 elected 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.
B.
Unless provided in Subsection C, the Village 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:[2]
|
Authority
|
Designated Legal Custodian
| |
|---|---|---|
|
Village Assessor's office
|
Village Assessor
| |
|
General Village records (including Board records)
|
Village Clerk-Treasurer
| |
|
Building Inspector's office
|
Village Clerk-Treasurer
| |
|
Fire Department
|
Fire Chief
| |
|
Police Department
|
Police Chief
| |
|
Village Attorney's office
|
Village Attorney
|
D.
Each legal custodian shall name a person to act as
legal custodian in his absence or the absence of his designee. In
the alternative, the Village Clerk-Treasurer, or in his absence or
disability or in case of vacancy the Deputy Clerk, is hereby designated
the legal custodian of all Village records.
A.
Except as provided in § 67-6, 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.
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 provided in Chapter 33, Fees. Such cost has been 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.
(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 of
Johnson Creek 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.
This subsection does not apply to members of the Village Board.[2]
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 § 67-4F(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 § 67-6. 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 in § 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)
A record or any portion of a record containing information
qualifying as a common law trade secret.
B.
As provided in § 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 diverse 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 reasonably jeopardizing nondisclosure of the exempt material,
the entire record shall be withheld from disclosure.
[Amended 7-8-2003 by Ord. No. 20-03; 10-23-2023 by Ord. No. 04-23]
A.
The Village has authority under § 19.21, Wis. Stats., to
manage and destroy obsolete public records in the possession of the
Village.
B.
The Wisconsin Municipal Records Schedule, as approved by the State
of Wisconsin Public Records Board on August 27, 2018, incorporated
herein by reference, is hereby adopted by the Village Board as the
Village of Johnson Creek's official record retention schedule.
In instances when a municipal record is not addressed in the Wisconsin
Municipal Records Schedule, the Village may destroy obsolete municipal
records in conformance with the Wisconsin Public Records Board's
General Records Schedules, also incorporated herein by reference.
Any future amendments, revisions or modifications of such schedules
incorporated herein by reference are intended to be made a part of
this section.
C.
When a record has met the terms of the retention period specified
by the Wisconsin Municipal Records Schedule, the record may be destroyed
by the legal custodian of record, provided the custodian has complied
with the notification requirement set forth under § 19.21(4),
Wis. Stats., to the Wisconsin State Historical Society unless this
requirement is waived in the Wisconsin Municipal Records Schedule.
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 §§ 67-4 through 67-6 of this chapter.
