[HISTORY: Adopted by the Village Board of the Village of Wrightstown 5-9-1995
by Ord. No. 050995D. Amendments noted where applicable.]
GENERAL REFERENCES
Records retention — See Ch. 56.
This chapter is entitled the "Village of Wrightstown Public Records
and Public Property Ordinance." The purpose of this chapter is to set forth
a policy for the storage, preservation and destruction of public records and
public property.
The Village Board of the Village of Wrightstown has the specific authority,
powers and duties, pursuant to W.S.A. ss. 19.21, 19.22, 19.23, 19.31, 19.33,
19.34, 19.35, 19.36, 19.37, 19.84 and 19.85, to manage and direct certain
affairs related to the Village of Wrightstown public records and Village of
Wrightstown public property.
The Village Board of the Village of Wrightstown has, by adoption of
this chapter, confirmed the specific statutory authority, powers and duties
in Chapters 19 and 61 of the Wisconsin statutes and has established by these
chapters and this chapter the statutory powers and duties of the Village Board
of the Village of Wrightstown related to the Village of Wrightstown records
and Village of Wrightstown property.
All public records and public properties belonging to the Village of
Wrightstown, including records and public properties of officers, special
offices, committees, commissions, agencies, authorities, boards or other special
government units of the Village of Wrightstown, shall be safely kept, properly
maintained and carefully preserved by the legal custodian thereof when:
A.
These officers, employees or agents receive custody of
the public records and public property from their predecessor or other persons.
B.
These public records and public properties are required
by state law or by the Village of Wrightstown ordinance to be filed, deposited
or kept in the office of these officers, employees or agents.
C.
These public records and public properties are in lawful
possession of these officers, employees or agents or the possession or control
of which these officers, employees or agents may be lawfully entitled by state
law or Village of Wrightstown ordinance.
A.
All public records and public properties of the Village
of Wrightstown, including records and property of offices, special offices,
committees, commissions, agencies, authorities, boards or other special government
units of the Village of Wrightstown, shall be delivered by the officer, employee
or agent of these Village of Wrightstown government units to the successor
officer, employee or agent of these Village of Wrightstown government units
upon demand by the officer, employee or agent of these Village of Wrightstown
government units, upon expiration of the officer's term of office, upon
the expiration of the employee's term of employment or upon the expiration
of the agent's term of agency with the Village of Wrightstown or upon
the vacancy of the office. Upon death, the legal representative shall be responsible
to deliver such public records or public properties upon demand to the successor
of the deceased.
B.
The successor officer, successor employee or successor
agent of these Village of Wrightstown government units shall acknowledge receipt
of the public records or public properties and shall provide a receipt to
the officer, employee, agent or legal representative. The officer, employee,
agent or legal representative shall file a copy of such receipt with the Village
Clerk-Treasurer of the Village of Wrightstown. If a vacancy occurs before
a successor is qualified, employed or retained by the Village or Wrightstown,
such public records and public properties shall be delivered to the Village
Clerk-Treasurer of the Village of Wrightstown.
C.
The Village Clerk-Treasurer of the Village of Wrightstown
shall acknowledge receipt and shall provide a receipt to the officer, employee,
agent or legal representative. The Village Clerk-Treasurer of the Village
of Wrightstown shall receipt these public records and public properties on
behalf of the successor, and these public records and public properties shall
be delivered by the Village Clerk-Treasurer of the Village of Wrightstown
to the successor upon the latter's receipt of office, employment or retention
with the Village of Wrightstown.
A.
Custodian of records.
(1)
The following noted offices, special offices, committees,
commissions, agencies, authorities, board or other special government units
of the Village of Wrightstown have designated the following as legal custodians
of their public records: Village Clerk-Treasurer, Village of Wrightstown.
(2)
If no offices, special offices, committees, commissions,
agencies, authorities, boards or other special government units of the Village
of Wrightstown have been designated for any particular public records, then
legal custodian for those records shall be the Village Clerk-Treasurer for
the Village of Wrightstown or, if by ordinance, another officer of the Village
of Wrightstown.
(3)
The deputy custodian for any public record of the above
noted offices, committees, commissions, agencies, authorities, boards or other
special government units shall be the following: Village Clerk-Treasurer,
Village of Wrightstown.
B.
Public request to access of records. Access to public
records shall be permitted upon at least 48 hours' written or oral notice
by the person seeking the records to the legal custodian, stating his or her
intent to inspect specific records, with those records so described.[1]
C.
Access to records.
(1)
The legal custodian of any public record of the above-noted
offices or special governmental units of the Village of Wrightstown shall
provide to any person the right to inspect any public record, except if, as
indicated by specific statute, this chapter or where the similar public policy
based on the exemptions in W.S.A. s. 19.85 should allow the legal custodian
to restrict public access to these records. The legal custodian, when claiming
a specific exemption for denying access to public record, must make a specific
demonstration to the person demanding access that there is a need to restrict
public access at the time of the request for access to the public record.
(2)
If and when the need to restrict the public record from
public access has been eliminated, then the legal custodian must provide public
access to the record. The legal custodian shall provide adequate security
and restrictions for the public record when and if the legal custodian determines
the record must be restricted from public access.
(3)
The specific exemptions that may allow the legal custodian
to restrict public access to records include, but are not limited to, those
public policy exemptions for closed meetings listed in W.S.A. s. 19.85.
D.
Copying/photographing public records.[2]
(1)
The legal custodian shall comply with the provisions
of W.S.A. s. 19.35 relating to allowing a person access to public record to
allow copying or photographing of a written public record, an audio tape,
a video tape or a record to be published for later sale and distribution.
The legal custodian may demand a specific written request of the person requesting
the public record wherein the request will reasonably describe for the legal
custodian the requested record. The request must have a reasonable limitation
as to the subject matter or to the length of time represented by the record.
If the legal custodian does not believe the request for the public record
is sufficiently limited, the legal custodian shall notice or attempt to notice
the requesting person that further subject matter or time limitations must
be provided before the public record request can be fully met. The legal custodian
cannot request the name of the requesting person or the reasons for the need
to access the public record except if the legal custodian keeps the public
record at a private residence or if the legal custodian, for security reasons,
believes identification is necessary and appropriate, or except if federal
law and regulations requires identification of the requesting person.
(2)
The legal custodian may require supervision during the
inspection and copying of any public record and may impose reasonable restrictions
in the manner of access to certain records if the records are irreplaceable
or easily damaged. The Village Board of the Village of Wrightstown declares
the following records irreplaceable or easily damaged and establishes the
following conditions for access and copying:
(3)
The Village Board of the Village of Wrightstown is not
required to purchase or lease for any requesting person any equipment or facilities
for photocopying, photographing or other copying.
E.
Fees.
(1)
The Village of Wrightstown may charge the actual, necessary and direct reproduction costs for a copy of a record. The Village Board of the Village of Wrightstown has declared these costs to be as set forth in Chapter 102, Fees and Penalties.
(2)
The Village Board of the Village of Wrightstown declares
offices, special offices, committees, commissions, agencies, authorities,
boards and other special government units of the Village of Wrightstown need
not pay for copying costs for public records.
(3)
In addition to the copying cost charge, a fee for locating
the record will be charged if the cost to locate is more than $50, and a fee
may be charged for the actual, necessary and direct mailing or shipping fee.
The Village of Wrightstown may require a prepayment of the fee if the total
fees established by this subsection will exceed $50.
F.
Formal request.
(1)
If the above noted Village Board of the Village of Wrightstown,
any offices, any special offices, any committees, any commissions, any agencies,
any authorities, any boards or any other special government units of the Village
of Wrightstown receives a request for a record, they shall as soon as practicable
and without delay either fill the request or notify the requesting person
to deny the request, in whole or in part, and the reason for the denial.
(2)
If the requesting person makes the request orally, the
previously noted offices, committees, commissions, boards or other special
government units of the Village of Wrightstown may deny the request orally
unless a demand for a written statement of the reason denying the request
is made by the requesting person within five business days of the oral denial.
If the above noted government bodies deny a written request, in whole or in
part, the requesting person shall receive from the denying government body
a written statement of the reason for denying the request. The written denial
by these government bodies shall include a notice that this determination
for denial is reviewable by mandamus under W.S.A. s. 19.37(1) or upon application
to the attorney general or district attorney of the County of Brown.
G.
Record destruction. The Village Board of the Village
of Wrightstown, any officer, any office, any special office, any committee,
any commission, any agency, any authority, any board or other special government
units of the Village of Wrightstown or any officer, employee or agent of the
above noted may not destroy any public record at any time after any of the
above noted receive a request for inspection or copying of the record until
after the request is granted or until at least 60 days after the date the
request is denied. If an action is commenced under W.S.A. s. 19.37 within
150 days after the request is denied or after the decision of the trial court,
whichever is later, the requested record may not be destroyed until after
the final order of the trial court and after any final appellate court. Upon
order to produce the record and the order is not appealed, the requested record
may not be destroyed until after the request for inspection or copying is
granted.
H.
Limitation upon access. Prior to any public release,
the legal custodian shall separate specific information and material from
the public record that should not be released to the public because of the
release of the information or material would be prejudicial to the public
interest. Specifically, certain records are exempt pursuant to W.S.A. s. 19.36
from public release and may be withheld by the Village of Wrightstown disclosure:
(1)
Records which are specifically exempted from disclosure
by federal or state law.
(2)
Law enforcement records relating to investigations, information
obtained for law enforcement purposes that are required by federal law or
regulation to be withheld as a condition to receipt of aid by the state.
(3)
Records produced or collected under a contract entered
into with a private person.
(4)
Materials used for input for a computer program or the
material produced as a product of the computer program.
(5)
Any record or a portion of a record containing information
qualifying as a common law trade secret.
(6)
Any record not to be disclosed as a public record under
the public policy provision of W.S.A. s. 19.85 related to open meetings.
The Village Board of the Village of Wrightstown, any office, any special
office, any committee, any agency, any authority, any board of any other special
government units of the Village of Wrightstown and their officers, their employees
and their agents of the aforesaid, prior to the destruction of any public
records belonging to the Village of Wrightstown, shall provide at least sixty-day
notice, in writing, to the State Historical Society of Wisconsin. The Village
Board of the Village of Wrightstown shall not be requested, pursuant to W.S.A.
s. 19.21, to provide notice to the State Historical Society of Wisconsin if
the Village Board previously, by application, has received a waiver.[1]
[1]
Editor's Note: Original Sec. 8, Conditions and terms for destruction of public records, and Sec. 9, Specific date of destruction for specific public records, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 56, Records Retention.
The Village Board of the Village of Wrightstown, any office, any special
office, committee, any commission, any agency, any authority, any board or
any other special government units of the Village of Wrightstown and their
officers, their employees and their agents of the aforesaid may destroy any
taped records of any public meeting of the aforesaid no sooner then 90 days
after the public meeting minutes have been approved by the appropriate government
unit if the purpose of the tape recording was to make and maintain minutes
of the public meeting.
A.
The Village Board of the Village of Wrightstown authorizes
that the following public records of the Village Board of the Village of Wrightstown,
its offices, its special offices, its committees, its commissions, its agencies,
its authorities, its boards and any other special government units of the
Village of Wrightstown shall be kept and preserved on microfilm and that the
following public records of the Village of Wrightstown will not be kept and
preserved in this manner. The microfilm records shall be under the custody
of the Village Clerk-Treasurer of the Village of Wrightstown. These records
shall be stored for safekeeping and shall be conveniently accessible to the
general public at the Village Hall. The Village Clerk-Treasurer of the Village
of Wrightstown shall comply with the applicable standards established in W.S.A.
s. 16.61(7) in order that these public records of the Village of Wrightstown
may be deemed original records. The Village Board of the Village of Wrightstown
or its designee shall at least annually review the reproduction of the microfilm
and storage of the microfilm in order to assure proper micrographic protection
and in order to assure legibility and permanence of the microfilm copy.
B.
The following public records of the Village Board of
the Village of Wrightstown, its offices, its committees, its commissions,
its agencies, its authorities, its boards and any other special government
units of the Village of Wrightstown shall be solely kept and preserved on
microfilm: None.
C.
The following public records of the Village
Board of the Village of Wrightstown, its offices, its committees, its commissions,
its agencies, its authorities, its boards and any other special government
units of the Village of Wrightstown shall not be kept and preserved on microfilm:
All.
