[Adopted 3-26-2012 by Ord. No. 2012-109]
A.
The purpose of this article is to establish a Village records retention
schedule and authorize destruction of Village records pursuant to
the schedule on an annual basis.[1] Records custodians may destroy a record prior to the time
set forth in the schedule only if such a record has been photographically
reproduced as an original record or converted to optical/digital disk
format pursuant to § 16.61(7), Wis. Stats.
[1]
Editor's Note: Said schedule is on file in the Village Clerk-Treasurer's
office.
B.
Any record not covered by this article or any regulation or law shall
be retained seven years in accordance with § 19.21(4)(b),
Wis. Stats., unless the record is added by amendment into this article
and the shorter time period approved by the State Public Records Board,
or said record is otherwise covered by other statutory requirements.
As used in this article, the following terms shall have the
meanings indicated:
Physical destruction of obsolete records by shredding or
burning or, in the case of electronic records, by deleting from a
computer hard drive and/or reformatting or destroying the tape(s)/disk(s).
In addition to the definition provided by § 19.33,
Wis. Stats., "legal custodian" shall include the individual responsible
for maintaining public records pursuant to the Village of Sherwood
Public Records Policy, or as otherwise responsible by law to keep
and preserve Village records or file, deposit or keep such records
in his/her office, or is lawfully in possession or entitled to possession
of such public records and who is required to respond to requests
for access to such records.
Any material on which written, drawn, printed, spoken, visual,
or electromagnetic information or electronically generated or stored
data 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, optical disks,
and any other medium on which electronically generated or stored data
is recorded or preserved. "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 8-10-2015 by Ord. No. 2015-123]
A list of Village records, attached to and made a part of
this article, which specifies the period of time the records must
be kept until destruction and the method of disposition.[1]
[1]
Editor's Note: Said schedule is on file in the Village Clerk-Treasurer's
office.
A.
Historical records; notification to State Historical Society of Wisconsin.
As required by § 19.21(4)(a), Wis. Stats., the State Historical
Society of Wisconsin (SHSW) shall be notified prior to destroying
records, with the exception of any record designated "Waived" in the
retention schedule, unless the SHSW has waived the required statutory
notice or the record is designated for permanent retention with the
original custodian.
B.
Microfilming or optical imaging of records. Public records may be
kept and preserved through the use of microfilm or optical/digital
imaging, provided that the microfilm or optical/digital imaging meets
applicable standards for microfilm specified by § 16.61(7),
Wis. Stats., and for optical imaging specified by § 16.612,
Wis. Stats.
C.
Destruction after request for inspection. No requested records shall
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 as required
by § 19.35(5), Wis. Stats.
D.
Destruction pending litigation. No record subject to pending litigation
shall be destroyed until the litigation is resolved.
E.
Destruction pending audit. No record subject to pending or active
audit shall be destroyed until the audit is completed.
