[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 2, Ch. 9 of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning
indicated:
Any of the following Town entities having custody of a Town 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 Town designated under § 70-3 or otherwise responsible by law to keep and preserve any Town 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]
The Town of Cedarburg, Ozaukee County, Wisconsin, and its administrative
subunits.
A.
Except as provided under § 70-7, each officer and employee of the Town 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
Town Clerk. If a vacancy occurs before a successor is selected or qualifies,
such records shall be delivered to and receipted for by the Clerk, on behalf
of the successor, to be delivered to such successor upon the latter's receipt.
A.
Each elected official is the legal custodian of his or
her records and the records of his or her office, but the official may designate
an employee of his or her staff to act as the legal custodian.
B.
Unless otherwise prohibited by law, the Town Clerk or
his or her designee shall act as legal custodian for all Town records, including
records of the Town Board and of any committees, commissions, boards or other
authorities created by ordinance or resolution of the Town Board, except that
the Town Treasurer shall be the legal custodian for all records in his or
her possession. In the event that the Town Clerk is not available, then the
Town Clerk shall designate someone to act on his or her behalf as legal custodian.[1]
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.
E.
The legal custodian shall have full legal power to render
decisions and to carry out the duties of an authority under Subchapter II
of Ch. 19, Wis. Stats., and this chapter. The designation of a legal custodian
does not affect the powers and duties of an authority under this chapter.
A.
Except as provided in § 70-6, 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 Town 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. No original
public records of the Town shall be removed from the possession of the legal
custodian.
F.
A requester shall be charged a fee to defray the cost
of locating and copying records as follows:
(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. The Town will
determine the cost of locating a record by using the hourly rate of $20 per
hour for employees involved in attempting to locate the record.
(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 Town 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 §§ 70-4 through 70-6 of this chapter. This subsection does not apply to members of the Town 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 § 70-4F(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 Town 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 § 70-6. 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 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; and
(4)
Pursuant to § 905.08, Wis. Stats., a record
or any portion of a record containing information qualifying as a common law
trade secret. Trade secrets are defined as unpatented, secret, commercially
valuable plans, appliances, formulas, or processes, which are used for making,
preparing, compounding, treating or processing articles, materials or information,
which are obtained from a person and which are generally recognized as confidential.
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 Town 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 request 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)
Pursuant to § 19.85(1)(a), Wis. Stats., records
of current deliberations after a quasi-judicial hearing.
(3)
Pursuant to § 19.85(1)(b) and (c), Wis. Stats.,
records of current deliberations concerning employment, dismissal, promotion,
demotion, compensation, performance or discipline of any Town officer or employee,
or the investigation of charges against a Town officer or employee, unless
such officer or employee consents to such disclosure.
(4)
Pursuant to § 19.85(1)(d), Wis. Stats., records
concerning current strategy for crime detection or prevention.
(5)
Pursuant to § 19.85(1)(e), Wis. Stats., records
of current deliberations or negotiations on the purchase of Town property,
investing of Town funds or other Town business whenever competitive or bargaining
reasons require nondisclosure.
(6)
Pursuant to § 19.85(1)(f), Wis. Stats., 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)
Pursuant to § 19.85(1)(g), Wis. Stats., communications
between legal counsel for the Town and any officer, agent or employee of the
Town, when advice is being rendered concerning strategy with respect to current
litigation in which the Town 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.
(8)
Pursuant to § 19.85(1)(h), Wis. Stats., requests
for confidential written advice from an ethics board and records of advice
given by such ethics board on such requests.
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 Town Attorney prior to releasing any such record and
shall follow the guidance of the Town Attorney when separating out the exempt
material. If, in the judgment of the custodian and the Town 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.
Town officers may destroy the following nonutility financial
records of which they are the legal custodians and which are considered obsolete,
after completion of any required audit by the Department of Revenue 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 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)
Payrolls and other time and employment records of personnel
included under the Wisconsin Retirement Fund.
(6)
Receipt forms.
(7)
Special assessment records.
(8)
Vouchers, requisitions, purchase orders and all other
supporting documents pertaining thereto.
B.
Town officers may destroy the following utility records
of which they are the legal custodians and which are considered obsolete after
completion of any required audit by the Department of Revenue or an auditor
licensed under Ch. 442, Wis. Stats., subject to State Public Service Commission
regulations, but not less than seven years after the record was effective
unless a shorter period has been fixed by the State Public Records Board pursuant
to § 16.61(3)(e), Wis. Stats., and then after such a shorter period,
except that water stubs, receipts of current billings and customers' ledgers
may be destroyed after two years:[1]
C.
Town officers may destroy the following records of which
they are the legal custodian and which are considered obsolete, but not less
than seven years after the record was effective unless another period has
been set by statute, and then after such a period, or unless a shorter period
has been fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such a shorter period:
(1)
Contracts and papers relating thereto.
(2)
Correspondence and communications.
(3)
Financial reports other than annual financial reports.
(4)
Justice dockets.
(5)
Oaths of office.
(6)
Reports of boards, commissions, committees and officials
duplicated in the Town Board proceedings.
(7)
Election notices and proofs of publication.
(8)
Canceled voter registration cards.
(9)
Official bonds.
(10)
Police records other than investigative records.
(11)
Resolutions and petitions.
D.
Unless notice is waived by the State Historical Society,
at least 60 days' notice shall be given the State Historical Society prior
to the destruction of any record as provided by § 19.21(4)(a), Wis.
Stats.
E.
Any tape recordings of a governmental meeting of the
Town may be destroyed, erased or reused no sooner than 90 days after the minutes
of the meeting have been approved and published, if the purpose of the recording
was to make minutes of the meeting.
Any Town officer, or the director of any department or division of Town government, may, subject to the approval of the Town 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 §§ 70-4 through 70-6 of this chapter.