[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 3, Ch. 3, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 35.
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 Village of Baldwin entities having custody
of a Village 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 Village designated under § 140-3 or otherwise responsible by law to keep and preserve any Village 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), 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.
[Amended 3-13-2013]
A.
Except as provided under §§ 140-7 and 140-8, each officer and employee of the Village 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 Village Clerk-Treasurer. If a vacancy occurs
before a successor is selected or qualifies, such records shall be
delivered to and receipted for by the Village 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 Village Clerk-Treasurer to act as the legal custodian.
B.
Unless provided in Subsection C, the Village Clerk-Treasurer or the Village Clerk- Treasurer's designee shall act as legal custodian for the Village and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the Village Board. The following offices or authorities shall have as a legal custodian of records the individual so named:
Authority
|
Designated Legal Custodian
| |
---|---|---|
General Village records (including Board records)
|
Village Clerk-Treasurer
| |
Department of Public Works
|
Director of Public Works
| |
Law enforcement records
|
Chief of Police
| |
Fire Department
|
Fire Chief
|
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 Village Clerk-Treasurer.
E.
The Village 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 § 140-6, any person has a right to inspect a record and to make or receive a copy of any record of 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 Village 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 per-page fee as prescribed in the
Village Fee Schedule to defray the cost of copying records.
(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 audio-
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 Village 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 § 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. This subsection does not
apply to members of the Village 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 § 140-4F(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 Village 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 § 140-6. 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.
Records exempt from inspection. As provided in § 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 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; and
(4)
A record or portion of a record containing information qualifying
as a trade secret as defined in § 134.90(1)(c), Wis. Stats.
[Amended 3-13-2013]
B.
Library circulation records. As provided by § 43.30, Wis.
Stats., public library circulation records are exempt from inspection
under this chapter.
C.
Denial based on public interest determination. 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 Village 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 § 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 Village
officer or employee, or the investigation of charges against a Village
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 Village property,
investing of Village funds, or other Village 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 Village and any officer, agent or employee
of the Village, when advice is being rendered concerning strategy
with respect to current litigation in which the Village 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.
Partial disclosure. 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 Village Attorney
prior to releasing any such record and shall follow the guidance of
the Village Attorney when separating out the exempt material. If,
in the judgment of the custodian and the Village 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.
E.
Public records of assessment data. Whenever the Assessor, in the
performance of the Assessor's duties, requests or obtains income and
expense information pursuant to § 70.47(7)(af), Wis. Stats.,
or any successor statute thereto, then such income and expense information
that is provided to the Assessor shall be held by the Assessor on
a confidential basis, except, however, that said information may be
revealed to and used by persons in the discharge of duties imposed
by law; in the discharge of duties imposed by office (including, but
not limited to, use by the Assessor in performance of official duties
of the Assessor's office and use by the Board of Review in performance
of its official duties); or pursuant to order of a court. Income and
expense information provided to the Assessor under § 70.47(7)(af),
Wis. Stats., unless a court determines that it is inaccurate, is,
per § 70.47(7)(af), Wis. Stats., not subject to the right
of inspection and copying under § 19.35(1), Wis. Stats.
A.
Historical
records. Under § 19.21(4)(a), Wis. Stats., municipalities
must notify the State Historical Society of Wisconsin (SHSW) prior
to destroying records. However, the SHSW has waived the required sixty-day
notice for any record marked "W" (waived notice). SHSW must be notified
prior to destruction of a record marked "N" (non-waived). Notice is
also required for any record not listed in this section or in the
Wisconsin Municipal Records Schedule.
[Amended 5-8-2019]
B.
Microfilming
or optical imaging of records. Local units of government may keep
and preserve public records through the use of microfilm, providing
the microfilm or optical imaging meets the applicable standards in § 16.612,
Wis. Stats. Retention periods and estimated costs and benefits of
converting records between media should be considered. After verification,
paper records converted to microfilm or optical imaging should be
destroyed. The retention periods identified in this section and in
the Wisconsin Municipal Records Schedule apply to records in any media.
[Amended 5-8-2019]
C.
Destruction after request for inspection. No requested records 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 after
a court order is issued and all appeals have been completed. [See § 19.35(5),
Wis. Stats.]
D.
Destruction pending litigation. No record subject to pending litigation
shall be destroyed until the litigation is resolved.
E.
General Records Schedule adopted. The Village of Baldwin hereby adopts, by reference, the Wisconsin Municipal Records Schedule (hereinafter, "Records Schedule"), pertaining to the retention and destruction of public records, and approved by the State of Wisconsin Public Records Board (hereinafter, "Records Board") on August 27, 2018. A copy of the Records Schedule will be kept on file in the Village Clerk's office and made available for public viewing during regular business hours. The additional Public Safety/Police Department retention schedule is listed in § 140-7E(1) below.
[Amended 3-13-2013; 5-8-2019; 3-10-2021]
(1)
The
General Records Schedule for Public Safety/Police Department is adopted
as follows (NOTE: EVT = Event/CR = Creation):
Record
|
Period of Retention
|
Historical Society Notification
|
---|---|---|
Traffic citations (and accompanying documentation) sent through
Village Municipal Court
|
EVT plus 1 year (after closed)
|
N
|
Ordinance citations
|
EVT plus 2 years (after closed)
|
N
|
All accounting records
|
CR plus 7 years
|
N
|
Personnel records
|
EVT plus 8 years
|
N
|
Property inventory records
|
EVT plus 8 years
|
N
|
Citizen complaints against police officers
|
EVT plus 8 years
|
N
|
Investigation and citation records
| ||
Arrest records
|
EVT plus 8 years
|
N
|
Incident records
|
EVT plus 10 years
|
N
|
Evidence cards
|
EVT plus 10 years
|
N
|
Work schedules
|
CR plus 7 years
|
N
|
Accident reports
|
EVT plus 4 years
|
N
|
Investigation reports
|
EVT plus 10 years (from date of closing investigation)
|
N
|
Audio and video tape recordings
| ||
Police dispatch audio
|
CR plus 120 days
|
N
|
Police video tapes
|
CR plus 120 days
|
N
|
Information teletype messages
|
CR plus 30 days
|
N
|
Evidence police videos (from conclusion of event)
|
EVT plus 3 years (misdemeanor)
|
N
|
Evidence police videos (from conclusion of event)
|
EVT plus 7 years (felony)
|
N
|
Medical records, re: occupational
|
EVT plus 30 years
|
N
|
Training records for exposure control
|
CR plus 3 years
|
N
|
Ride-along applications
|
CR plus 2 years
|
N
|
F.
Other records. In the event the Village of Baldwin creates a record
not contemplated by the Records Schedule, the Village may, subject
to the Records Board's prior approval, either adopt an applicable
records retention schedule set forth by the Records Board, if available,
or create its own retention schedule pertaining to the record.
[Amended 5-8-2019]
G.
Repeal. All ordinances, or portions thereof, any resolutions, or
portions thereof, or portions thereof, in conflict with any portion
of the Records Schedule are hereby repealed. Any approved Village
retention schedule, or portion thereof, for any record not contemplated
by the Records Schedule shall remain in full force and effect.
[Added 5-8-2019[1]]
[1]
Editor’s Note: This ordinance also repealed former §
140-8, Specific records retention provisions, which immediately followed.