Town of Linn, WI Police Department

The Chief of Police shall see that the public peace is observed within the limits of the Town and see that all ordinances of such Town and the laws of the State of Wisconsin are enforced and obeyed. He shall be responsible for the efficient and general good conduct of his Department and shall promptly report in writing to the Town Board all complaints made to him in writing against any member of the Police Department.

§ 8-5 Disciplinary actions.

The Chief or any subordinate may be suspended or dismissed for cause by the Town Board pursuant to § 60.56, Wis. Stats., and any collective bargaining agreement entered into between the Town Board and the Police Department.

§ 8-6 Records and reports.

[Amended 12-13-2010]

Chief of Police. The Chief of Police shall keep a record of all complaints and applications calling for the service of the Town Police Department. The Chief shall cause a daily record for all violators of laws and ordinances, fires, dangerous places and accidents with cause and proof. The Chief shall submit a monthly report to the Town Board concerning the principal activities of the Police Department.

Record retention.

(1)

Purpose. The purpose of this policy is to establish a records retention schedule and to authorize the destruction of police records for the Town of Linn Police Department pursuant to the schedule on an annual basis. Records custodians may destroy a record prior to the time set forth in the schedule only if such a record has been photographically reproduced as an original record or converted to optical disk format pursuant to § 16.61(7), Wis. Stats. Any record not covered by this ordinance or any regulation or law shall be retained for seven years unless the record is added by amendment into the ordinance and the shorter time period is approved by the State Public Records and Forms Board.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

LEGAL CUSTODIANS

The individual responsible for maintaining records pursuant to § 19.33, Wis. Stats.

RECORD

Has the meaning defined in § 19.32(2), Wis. Stats.

(3)

General provisions. Under § 19.21(4)(a), Wis. Stats., municipalities must notify the State Historical Society of Wisconsin (SHSW) prior to destroying records. However, the SHSW has waived the required statutory sixty-day notice for any record designated in the retention schedule with waived (waived notice). The SHSW must be notified prior to destruction of any recorded designated with notify (not waived). "N/A" indicates "not applicable" and applies to any record designated for permanent retention with the original custodian. Notice to the SHSW is also required for any record not listed in this ordinance.

(4)

Microfilming or optical imaging of records.

(a)

Local units of government may keep and preserve public records through the use of microfilm or optical imaging providing the microfilm or optical imaging meets the applicable standards in §§ 16.61(7) (Microfilm) and 16.612 (Optical Imaging), Wis. Stats.

(b)

Retention periods and estimated costs and benefits of converting records between different media should be considered in deciding which records to microfilm or store in the optical disk format. After verification, records converted to microfilm or optical imaging should be destroyed. The retention periods identified in this ordinance apply to records in any media.

(5)

Destruction after request for inspection. No requested records may be destroyed until after the request is granted or 60 days after the request is denied. If an action is commenced under § 19.37, Wis. Stats., the requested record may not be destroyed until after a court order is issued and all appeals have been completed. See § 19.35(5), Wis. Stats.

(6)

Destruction pending litigation. No record subject to pending litigation shall be destroyed until the litigation is resolved.

(7)

Review and approval by public records and forms board. This section and the retention periods of less than eight years have been reviewed and approved by the Public Records and Forms Board.

Brief Description	Retention Period (in years)	SHSW Notify
911 ANI/ALI lookups/records	CY +5	Waived
Accident reports	CY + 3	Waived
Alcohol tickets	CY + 3	Waived
Arrest records	CY + 3	Waived
Arrest statistics	CY + 3	Waived
Bond receipt log book	CY + 7	Waived
Case files - arrest and nonarrest felonies	CR + 6	Waived
Case files - arrest and nonarrest misdemeanors	CR + 3	Waived
Case files - nonarrest/no victims/charges	CR + 3	Waived
CIB/NCIC entry log	CR + 2	Waived
Citizens complaints against personnel	CR + 7	Waived
Compensatory time/vacation/admin. leave	3 years after leave	Waived
Complaint sheets	CY + 3	Waived
Criminal history log	CR + 2	Waived
Employment references	CR + 1	Waived
Evidence sheets	CR + 3	Waived
Exposure records	30 years after employment	Waived
Fingerprint cards	Permanent	Waived
House watch forms	CY + 1	Waived
Industrial accident forms and files	CY + 5	Waived
Job advertisements and evaluations	CY + 6	Waived
Job applications	6 years after receipt	Waived
Job requests	6 years after receipt	Waived
Lockout forms	CY + 2	Waived
Medical exams	30 years/duration of employment	Waived
Missing person reports - nonactive	CY + 3	Waived
MMT hit sheets	CR + 1	Waived
Mug shots	CR + 8	Waived
Notices for overtime	CY + 1	Waived
Officer alert sheets	CY + 2	Waived
Officer daily activity reports	CY + 7	Waived
Open records requests	CY + 3	Waived
Ordinance ticket	CY + 3	Waived
Parking violation tickets	CY + 2	Waived
Payroll (overtime, holiday sheets)	CY + 3	Waived
Personnel rosters	CY + 7	Waived
Police reports	CY + 3	Waived
Promotion opportunity ads	CY + 6	Waived
Protective custody forms	CY + 3	Waived
Radar certification/reports	CY + 4	Waived
Receipt books	CY + 2	Waived
Resumes	1 year after receipt	Waived
Ride-along records	CY + 1	Waived
Roll call sheets	CY + 1	Waived
Schedules	CY + 1	Waived
Shift authorization forms	CY + 1	Waived
Sick leave records	CY + 1	Waived
Traffic tickets	CY + 3	Waived
Traffic/equipment violation warnings	CY + 2	Waived
Training notices/signups	CR + 1	Waived
Uniform allowance records	CY + 3	Waived
Validation verification	CY + 2	Waived
Wrecker rotation list	CY + 2	Waived

LEGEND:

"Brief description": description provides a brief description of the records.

"Retention period" refers to the time the identified record must be kept until destruction.

"CR" stands for creation, which usually refers to receipt or creation of the record.

"CY" stands for current year. Period of time is expressed in years unless specifically identified as months or days.

"SHSW notification" refers to whether or not the Town must notify the State Historical Society of Wisconsin of its intention to destroy records.

"Waived" means that the requirement unification has been waived.

§ 8-7 Hours of duty.

The Chief shall have primary responsibility in setting the hours of duty of himself and his subordinates so as to ensure the Town of Linn competent police protection.

§ 8-8 Causes for suspension or dismissal.

The following are causes for suspension or dismissal by the Town Board:

Intoxication.

Cowardice.

Insubordination or disrespect to a superior officer or member of the Town Board.

Neglect of duty.

Disobedience of any order.

Absence from duty without leave.

Immorality.

Conduct unbecoming an officer.

Communicating information relating to police work to unauthorized persons.

Making a false official statement or entry in official records.

Willful mistreatment or discrimination toward a prisoner.

Untruthfulness.

Use of profane language.

Sleeping while on duty.

Uncleanliness in dress or person.

Accepting a bribe.

Criticizing orders by the Town Board.

Refusing to give name or badge number when requested.

Any other act or omission to act contrary to good order and discipline.[1]

[1]

Editor's Note: Original § 8.09, Alarm system, which immediately followed this section, has been moved to Ch. 6, § 6-18.

§ 8-9 Criminal history record information search.

[Added 5-13-2013]

The Town of Linn is a municipality which provides government services to its citizens and the general public. In order to efficiently provide services, it is necessary to conduct criminal history record searches concerning certain persons. The ordinance codified in this chapter is enacted in order to comply with State of Wisconsin requirement which provides that a municipality requesting that the state provide them with criminal history record information concerning an individual under certain circumstances has an ordinance enacted authorizing such requests.

This section is adopted for the purpose of providing the Town of Linn and the Town of Linn Police Department with the authority to request criminal history record information from the State of Wisconsin, or the federal government, if requested by the Town Clerk or any Town department head.

If requested by the Town Clerk or any Town department head, the Town of Linn Police Department shall conduct a criminal history record's information search concerning the following persons:

(1)

Alcohol license and permit applicants.

(2)

Applicants for Town employment.

(3)

Firefighters and Rescue Squad applicants.

(4)

Bartender license applicants.

(5)

Applicants for all other license and permits which may be issued by the Town of Linn.

(6)

Any other person for whom the Town Clerk or a department head requests criminal history information due to interaction with Town services. A request under this subsection must be based on a reasonable belief that the criminal history information is necessary to assist in the safe and efficient operation of Town government.