As used in this chapter, the following terms shall have the meanings
indicated:
AUTHORITY
Any of the following Town entities having custody of a Town record:
an office, elected or appointed official, agency, board, commission, or committee,
the Town Board, a 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 Town designated under §
97-3 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 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.
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 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 §§
97-4 through
97-6 of this chapter.
The Town Clerk/Treasurer shall give public notice and prominently display
and make available for inspection and copying at the Clerk/Treasurer's office,
for the guidance of the public, a notice as required by this chapter. The
notice shall be substantially in the following form:
NOTICE RELATING TO INSPECTION OF TOWN RECORDS
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NOTICE IS HEREBY GIVEN that all public records of the Town of Manitowish
Waters in my possession as Town Clerk/Treasurer shall be available to any
interested person for inspection and for the purpose of obtaining copies at
my office during regular office hours or by appointment.
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NOTICE IS FURTHER GIVEN that records of the Zoning Administrator, Town
Assessor and Town Fire Company shall be available for inspection and copying
upon 72 hours' advance notice to the respective Town officer.
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The time and place of the inspection and copying of any records of the
Zoning Administrator, Town Assessor, and Town Fire Company shall be determined
by the Town official involved and the applicant for such inspection at the
time request for such inspection is made. Requests for copying of such records
may be made at the time available for inspections.
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1.
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The cost of photocopying shall be as set by the Town Board. Such cost
will be calculated not to exceed the actual, necessary and direct cost of
reproduction.
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2.
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If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall be charged.
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3.
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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.
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4.
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If mailing or shipping is necessary, the actual cost thereof shall also
be charged.
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5.
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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.
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6.
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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.
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7.
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The legal custodian may provide copies of a record without charge or
at a reduced charge where he determines that waiver or reduction of the fee
is in the public interest.
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Such fees shall be paid in advance of preparation of the copy of the
records requested.
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The right of inspection and copying of any records shall be subject to the provisions of Chapter 97 of the Town Code.
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