[Prior code § 1.06(1)]
As used in this chapter:
Any of the following Village entities having custody of a
Village record: an office, elected official, agency, board, commission,
committee, council, department of 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 Section 2.44.030 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 is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.
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 bequest; and published
materials in the possession of an authority other than a public library
which are available for sale, or which will be for sale upon publication
or which are available for inspection at a public library.
[Prior code § 1.06(2)]
A.
Except as provided under Section 2.44.070, 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
the receipt with the Village Clerk. If a vacancy occurs before a successor
is selected or qualifies, such records shall be delivered to and receipted
for by the Clerk, on behalf of the successor, to be delivered to such
successor upon the latter's receipt.
[Prior code § 1.06(3)]
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
an employee of his or her staff to act as the legal custodian.
B.
Unless otherwise prohibited by law, the Village Clerk or Clerk's
designee shall act as legal custodian for the Village Board and for
any committees, commissions, boards, or other authorities created
by ordinance or resolution of the Village Board.
D.
The Village Clerk, or in his or her absence or disability or in case
of vacancy, the deputy Clerk, is designated the legal custodian of
all Village records.
E.
The legal custodian shall have full legal power to render decisions
and to carry out the duties of an authority under Sub. Ch. II of Ch.
19, Wis. Stats., and this section. The designation of a legal custodian
does not affect the powers and duties of an authority under this section.
[Prior code § 1.06(4)]
A.
Except as provided in Section 2.44.060, any person has a right to inspect a record and to make or receive a copy of any record as provided in Sec. 19.35(1), Wis. Stats.
B.
Records will be available for inspection and copying during all regular
office hours or upon 48 hours advance notice of intent to inspect
or copy in the event regular office hours are kept.
C.
A requester shall be permitted to use facilities comparable to those
available to the Village employees to inspect, copy or abstract a
record.
D.
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.
E.
A requester shall be charged a fee to defray the cost of locating
and copying records as follows:
1.
The cost of photocopy shall be 25 cents per page. This cost has been
calculated not to exceed the actual, necessary and direct cost of
reproduction.
2.
If the form of a written record does not permit copying, the actual
and necessary cost of photographing and photographic processing shall
be charged.
3.
The actual full cost of providing a copy of other records not in
printed form on paper, such as films, computer printouts and audio-
or video-tapes, shall be charged.
4.
There shall be no charge for locating a record unless the actual
cost therefore exceed $50, in which case the actual cost shall be
determined by the legal custodian, based upon the custodian's
salary in relation to the actual time spent in locating a record and
billed to the requester.
5.
If mailing or shipping is necessary, the actual cost thereof shall
also be charged.
6.
The legal custodian shall estimate the cost of all applicable fees
and may require a cash deposit in advance adequate to assure payment,
if such estimate exceeds $5.
7.
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.
8.
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.
[Prior code § 1.06(5)]
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 described
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 Sec. 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 to show acceptable identification whenever the
requested record is kept a private residence or whenever security
reasons or state of 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 Section 2.44.060. 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 Sec. 19.37(1), Wis. Stats., or upon application to the attorney general or a district attorney.
[Prior code § 1.06(6)]
A.
As provided by Sec. 19.36, Wis. Stats., the following records are
exempt from inspection under this section:
1.
Records specifically exempted from disclosure by state or federal
law or authorized to be exempted form 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, although the material used as input for a computer
program or the material produced as a product of the computer program
is subject to inspection; and
4.
A record or any portion of a record containing information qualifying
as a common law trade secret.
B.
As provided by Sec. 43.30. Wis. Stats., 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 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.
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 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 reasonably jeopardizing
nondisclosure of the exempt material, the entire record shall be withheld
from disclosure.
[Prior code § 1.06(7)]
A.
Village 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 Chapter 442 of the Wisconsin Statutes,
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 Sec. 16.61(3)(e),
Wis. Stats., and then after such shorter period:
B.
Village 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 Chapter 442 of the Wisconsin Statutes,
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 Sec.
16.61(3)(e). Wis. Stats., and then after such a shorter period, except
that water stubs, receipts of current billings and customer's
ledgers may be destroyed after two years. Records which may be destroyed
include:
C.
Village officers may destroy the following records of which they
are the legal custodian 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 Sec. 16.61(3)(e), Wis. Stats, and then after such shorter
period. Records which may be destroyed include:
D.
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 Sec. 19.21(4)(a), Wis.
Stats.
E.
Any tape recordings of a governmental meeting of the Village 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.
[Prior code § 1.06(8)]
Any Village officer, or the director of any department or division of Village government may, (subject to the approval of the Village Board) 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 Sec. 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 Sections 2.44.040 through 2.44.060.
