[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 3, Ch. 3 of the 1989 Code of Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The total cost of personnel, including wages, fringe
benefits and all other benefits and overhead related to the time spent in
search of records.
Any of the following city entities having custody of a city 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 city designated under § 65-3 or otherwise responsible by law to keep and preserve any city 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.
The actual cost of personnel, plus all expenses for paper, copier
time, depreciation and supplies.
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)
and computer printouts. "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 request; 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.
A.
Except as provided under § 65-7, each officer and employee of the city 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 City Clerk-Treasurer. If a vacancy occurs before a successor is selected
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.
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
the City Clerk-Treasurer to act as the legal custodian.
B.
Unless provided in Subsection C, the City Clerk-Treasurer or the Clerk-Treasurer's designee shall act as legal custodian for the Common Council and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Common Council. The following offices or authorities shall have as a legal custodian of records the individual so named:
|
Authority
|
Designated Legal Custodian
| |
|---|---|---|
|
City Assessor's office
|
City Assessor
| |
|
General city records (including Council records)
|
City Clerk-Treasurer/Deputy Clerk-Treasurer
| |
|
Fire Department
|
Fire Chief
| |
|
Financial records
|
City Clerk-Treasurer/Deputy Clerk-Treasurer
| |
|
Police Department
|
Chief of Police
| |
|
City Attorney's office
|
City Attorney
| |
|
Public Works
|
Director of Public Works
|
D.
Each legal custodian shall name a person to act as legal
custodian in his or her absence or in the absence of his or her designee,
and each legal custodian shall send notice of the designated deputy to the
City Clerk-Treasurer.
E.
The City Clerk-Treasurer shall establish criteria for
establishing the records system and shall cause the department/office records
system to be reviewed on an annual basis.
A.
Except as provided in § 65-6, any person has a right to inspect a record and to make or receive a copy of any record as provided in W.S.A. s. 19.35(1).
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 city 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 of $0.25 per page
to defray the cost of copying records.
[Amended 5-15-2006]
(1)
If the form of a written record does not permit copying,
the actual and necessary cost of photographing and photographic processing
shall be charged.
(2)
The actual full cost of providing a copy of other records
not in printed form on paper, such as films, computer printouts and audiotapes
and videotapes, shall be charged.
(3)
If mailing or shipping is necessary, the actual cost
thereof shall also be charged.
(4)
There shall be no charge for locating a record, unless
the actual cost therefor exceeds $50, in which case the actual cost shall
be determined by the legal custodian and billed to the requester.
(5)
The legal custodian shall estimate the cost of all applicable
fees and shall require a cash deposit adequate to assure payment, if such
estimate exceeds $5.
(6)
Elected and appointed officials of the city shall not
be required to pay for public records they may reasonably require for the
proper performance of their official duties.
(7)
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 W.S.A. s. 19.34 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 Common Council.
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 W.S.A. s. 19.37. 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 § 65-4F(5). 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 City 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 § 65-6. If a request is made orally, the request may be denied orally, unless a demand for a written statement of the reasons 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 W.S.A. s. 19.37(1) or upon application to the Attorney General or a district attorney.
A.
As provided in W.S.A. s. 19.36, 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 and files, although the material used
as input for a computer program/file or the material produced as a product
of the computer program is subject to inspection.
(4)
Pursuant to W.S.A. s. 905.08, 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 W.S.A. s. 43.30, public library circulation
records are exempt from inspection under this section.
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 City 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)
Pursuant to W.S.A. s. 19.85(1)(a), records of current
deliberations after a quasi-judicial hearing.
(3)
Pursuant to W.S.A. s. 19.85(1)(b) and (c), records of
current deliberations concerning employment, dismissal, promotion, demotion,
compensation, performance or discipline of any city officer or employee or
the investigation of charges against a city officer or employee, unless such
officer or employee consents to such disclosure.
(4)
Pursuant to W.S.A. s. 19.85(1)(d), records concerning
current strategy for crime detection or prevention.
(5)
Pursuant to W.S.A. s. 19.85(1)(e), records of current
deliberations or negotiations on the purchase of city property, investing
of city funds or other city business whenever competitive or bargaining reasons
require nondisclosure.
(6)
Pursuant to W.S.A. s. 19.85(1)(ee), deliberations by
the Council on unemployment insurance.
[Added 1-3-2000]
(7)
Pursuant to W.S.A. s. 19.85(1)(eg), deliberations by
the Council on worker's compensation.
[Added 1-3-2000]
(8)
Pursuant to W.S.A. s. 19.85(1)(em), deliberations under
W.S.A. s. 157.70 if the location of a burial site, as defined in W.S.A. s.
157.70(1)(b), is a subject of the deliberation and if discussing the location
in public would be likely to result in disturbance of the burial site.
[Added 1-3-2000]
(9)
Pursuant to W.S.A. s. 19.85(1)(f), 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.
(10)
Pursuant to W.S.A. s. 19.85(1)(g), communications between
legal counsel for the city and any officer, agent or employee of the city
when advice is being rendered concerning strategy with respect to current
litigation in which the city or any of its officers, agents or employees is
or is likely to become involved or communications which are privileged under
W.S.A. s. 905.03.
(11)
Pursuant to W.S.A. s. 19.85(1)(h), requests for confidential
written advice from an ethics board and records of advice given by such ethics
board on such requests.
(12)
Pursuant to W.S.A. s. 19.85(1)(i), matters related to
acts by businesses under W.S.A. s. 560.15 which, if discussed in public, could
adversely affect the business, its employees or former employees.
[Added 1-3-2000]
(13)
Pursuant to W.S.A. s. 19.85(1)(j), financial information
relating to the support by a person, other than an authority, of a nonprofit
corporation operating the Olympic ice training center under W.S.A. s. 42.11(3),
if the information is exempt from disclosure under W.S.A. s. 42.115 or would
be so exempt were the information to be contained in a record. In this subsection,
"authority" and "record" have the meanings given under W.S.A. s. 19.32.
[Added 1-3-2000]
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 City Attorney prior to releasing any such record and
shall follow the guidance of the City Attorney when separating out the exempt
material. If, in the judgment of the custodian and the City 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.
City 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 Bureau of Municipal Audit or
an auditor licensed under W.S.A. ch. 442, 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 W.S.A. s. 16.61(3)(e), 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.
City 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 Bureau of Municipal Audit or
an auditor licensed under W.S.A. ch. 442, 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 W.S.A. s. 16.61(3)(e), and then after such a shorter period,
except that water stubs, receipts of current billings and customers'
ledgers may be destroyed not less than two years after payment or receipt
of the sum involved or the effective date of said record:
C.
City officers may destroy the following records of which
they are the legal custodians 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 W.S.A. s. 16.61(3)(e),
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 Common Council 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, provided that the text of
the same appears in the official city minutes.
D.
Notwithstanding the above provisions appearing in this
section, it is intended hereby that election materials may be destroyed according
to lesser time schedules as made and provided in W.S.A. s. 7.23.
E.
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 W.S.A. s. 19.21(4)(a).
F.
Any tape recordings of a governmental meeting of the
city 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 city officer or the director of any department or division of city government may, subject to the approval of the City Clerk-Treasurer, 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 W.S.A. s. 16.61(7)(a) and (b) 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 §§ 65-4 through 65-6 of this chapter.
