[HISTORY: Adopted by the Board of Supervisors of Green Lake County as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2004 by Ord. No. 800-04]
The purpose of this article is to establish a County-wide records retention schedule and authorize destruction of County records pursuant to that schedule on an annual basis. Record custodians do not have the authority to destroy records prior to the established retention period unless such records have been photographically reproduced as original records pursuant to § 16.61(7), Wis. Stats. If there is not a specific law requiring a specific retention period, all records must be retained seven years unless the Public Records and Forms Board fixes a shorter period.
The State Historical Society of Wisconsin (SHSW) has waived the required statutory sixty-day notice under § 19.21(4), Wis. Stats., for the records marked "W" which designates waived notice. SHSW must be notified prior to the destruction of records marked "N" designating non-waiver. Notice is also required for any record not listed in this article. "N/A" indicates not applicable and applies to all County records designated for permanent retention.
No requested record 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 a court order is issued and all appeals have been completed. [See § 19.35(5), Wis. Stats.]
No record subject to pending litigation shall be destroyed until the litigation has been resolved.
Departments may keep and preserve public records through the use of microfilm, provided that the microfilming meets the applicable standards established in § 16.61(7), Wis. Stats. Departments should consider factors such as the retention period and estimated cost of the microfilming in deciding which records to microfilm. After verification, paper records can be destroyed if these records are to be preserved on microfilm. For microfilmed records not identified as permanent, the above records retention period applies.
[Amended 8-21-2018 by Ord. No. 28-2018]
Departments may retain records in electronic format according to the standards established in § 16.612, Wis. Stats., with the guidance and preapproval by the Administrative Committee. After verification, original paper records can be destroyed if these records are to be preserved on optical disc or electronic record storage. For those records preserved on optical disc or electronic record storage not identified as permanent, the applicable records retention period applies. If the original record is required to be preserved by law, it may not be destroyed and the applicable record retention period applies.
The County IT Department provides information technology services and facilities for other departments' technology needs. Record information stored electronically must be maintained pursuant to the guidelines established for the specific departmental records and County-wide records enumerated in this chapter.
As a computer utility, the IT Department is not designated as the legal custodian nor it shall be responsible for maintaining records generated by or transmitted to a County department utilizing electronic systems maintained by the IT Department. The IT Department is not responsible for monitoring the creation, maintenance, destruction or deletion of records stored within the electronic systems for which it has not be designated as the legal custodian as covered within this article.
Electronic mail and voice mail are transfer mediums for a variety of record and nonrecord messages. A particular message is a record if it meets the criteria in the definition of "record" in § 74-9 below. It must then be preserved as a record according to the appropriate retention schedule defined in §§ 74-10 to 74-32.
Departments and users of electronic mail and voice mail systems are responsible for ensuring that those records are retained as part of an appropriate record retention schedule.
The following definitions shall be applicable in this article:
- LEGAL CUSTODIAN
- The individual responsible for maintaining records pursuant to § 19.33, Wis. Stats.
- As defined in § 19.32(2), Wis. Stats.
The following records are found throughout various departments in the County and are subject to uniform regulation unless otherwise specified:
All records maintained by the Clerk of Courts, Register in Probate, Juvenile Court or Juvenile Intake Office relating to Juvenile Court, and the Family Court Commissioner shall be retained in compliance with Supreme Court Rules Chapter 72. Records not specified therein of a general County-wide nature shall be retained pursuant to § 74-10, County-wide records.
District Attorney records are governed by state record retention schedules. Reference RDA numbers 475/142 to 475/148. Call the Public Records Board at 608-266-2996 or the State Prosecutor's Office at 608-267-2700 for information on retention and disposition of these records.
The following records are found throughout various units in the Department and are subject to uniform regulation unless otherwise specified:
All financial and programmatic records, supporting documents, statistical records, and other records which are required to be maintained by the terms of the grant/contract or otherwise reasonably considered as pertinent to the grant/contract are governed by Federal DHFS Regulations, Title 45, Part 74, Subpart D.