As used in this chapter, the following terms
shall have the meanings indicated:
AUTHORITY
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.
CUSTODIAN
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.
RECORD
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.
[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.