[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989
by Ord. No. 695-89 as §§ 1.51 and 1.52 of
the 1989 Code. Amendments noted where applicable.]
As used in this article, this following terms shall have the meanings
indicated:
Any City entity having custody of a City record, including 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 City designated under § 127-3 below or otherwise responsible by law to keep and preserve any City records or file, deposit or keep such records in his office, or who is lawfully in possession or entitled to possession of such public records and who is required by this article 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),
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 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.[1]
A.
Except as provided under Article II of this chapter, each officer and employee of the City shall safely keep and preserve all records received from his predecessor or other persons and required by law to be filed, deposited or kept in his office or which are in the lawful possession or control of the officer or employee or his deputies, or to the possession or control of which he may be lawfully entitled as such officer or employee.
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 successor
all records then in his custody and the successor shall receipt therefor to
the officer or employee, who shall file said receipt with the City 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.[1]
A.
Each elected official is the legal custodian of his records
and the records of his office, but the official may designate an employee
of his staff to act as the legal custodian.
B.
Unless otherwise prohibited by law, the City Clerk or
the Clerk's designee shall act as legal custodian for the Council and for
any committees, commissions, boards or other authorities created by ordinance
or resolution of the Council. This shall not include the Police and Fire Departments
whose custodians shall be the Police Chief and the Fire Chief, respectively,
the Mayville Utility Commission whose custodian shall be the Director of Utilities,
and the Library Board whose custodian shall be the Librarian.[1]
D.
Each legal custodian shall name a person to act as legal
custodian in his absence or the absence of his designee. This subsection shall
not apply to the Council.
E.
The legal custodian shall have full legal power to render
decisions and to carry out the duties of an authority under Ch. 19, Subch.
II, Wis. Stats., and this article. The designation of a legal custodian does
not affect the powers and duties of an authority under this article.
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.
Each authority shall also prominently display at its offices, for the guidance
of the public, a copy of this article. This section does not apply to members
of the Council.
A.
Except as provided in § 127-7 below, any person has a right to inspect a record and to make or receive a copy of any record as provided in § 19.35(1), Wis. Stats.
B.
Records shall 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 shall 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 City employees to inspect, copy or abstract a record.
This subsection does not authorize or require the purchase or lease of equipment
nor does it require the provision of a separate room for inspection, copying
or abstracting of records.
E.
The authority 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 fee to defray the cost
of locating and copying records as follows:
(1)
A cost per page of photocopying, as determined by the
Common Council, shall be charged. Said cost shall not exceed the actual, necessary
and direct costs to the authority of reproduction, and such charges shall
be prominently displayed and made available for inspection by the authority
at his office.[1]
(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 audiotapes
or videotapes, shall be charged.
(4)
If mailing or shipping is necessary, the actual cost
thereof shall also be charged.
(5)
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 authority and billed to the requester.
(6)
The authority shall estimate the cost of all applicable
fees and may require a cash deposit adequate to assure payment if such estimate
exceeds $5.
(7)
The authority 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.
(8)
Elected and appointed officials of the City shall not
be required to pay for public records they may reasonably require for the
proper performance of their official duties.
A.
A request to inspect or copy a record shall be made to the authority. 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 § 127-5F(6) above. 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. When the legal custodian has doubts as to
whether the requested records are exempt from disclosure, in whole or in part,
he shall have three working days to confer with the City Attorney prior to
making a determination. If the legal custodian, after conferring with the
City 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 request in a manner which would permit reasonable compliance.
C.
A request for a record may be denied as provided in § 127-7 below. 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.
As provided by § 19.36, Wis. Stats., the following
records are exempt from inspection under this article:
(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, 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.
(4)
A record or any portion of a record containing information
qualifying as a common law trade secret.
B.
As provided by § 43.30, Wis. Stats., public
library circulation records are exempt from inspection under this article.
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 City Attorney, may deny the request, in whole or
in part, only if he 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)
Records of current deliberations after a quasi-judicial
hearing.
(3)
Records of current deliberations concerning employment,
dismissal, promotion, demotion, compensation, performance or discipline of
any City officer or employee, or the investigation of charges against a City
officer or employee, unless such officer or employee consents to such disclosure.
(4)
Records concerning current strategy for crime detection
or prevention.
(5)
Records of current deliberations or negotiations on the
purchase of City property, investing of City funds or other City business
whenever competitive or bargaining reasons require nondisclosure.
(6)
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)
Communications between legal counsel for the City and
any officer, agent or employee of the City when advice is being rendered concerning
strategy with respect to current litigation in which the City 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.
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 City Attorney prior to releasing any such record and
shall follow the guidance of the City Attorney when separating out the exempt
material. If, in the judgment of the custodian and the City 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.
City officers may destroy the following nonutility records of which
they are the legal custodian and which are considered obsolete after completion
of an audit by state auditors or an auditor licensed under Ch. 442, Wis. Stats.,
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 or will,
in the future, be fixed by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such shorter period:
A.
Bank statements, deposit books, slips and stubs.
B.
Bonds and coupons after maturity.
C.
Cancelled checks, duplicates and check stubs.
D.
License and permit applications, stubs and duplicates.
E.
Payrolls and other time and employment records of personnel
included under the Wisconsin Retirement Fund.
F.
Receipt forms.
G.
Special assessment records.
H.
Vouchers, requisitions, purchase orders and all other
supporting documents pertaining thereto.
City officers may destroy the utility records of which they are the
legal custodians and which are considered obsolete after completion of an
audit by state auditors or an auditor licensed under Ch. 442, Wis. Stats.,
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 § 16.61(3)(e),
Wis. Stats. City officers should refer to the records retention regulations
from the Public Service Commission of Wisconsin for retention guidelines of
utility records.
Any City officer may destroy the following records of which he is 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 or by the State Public Records Board pursuant to § 16.61(3)(e),
Wis. Stats., and then after such a shorter period:
A.
Assessment rolls and related records, including Board
of Review minutes.
B.
Contracts and papers relating thereto.
C.
Correspondence and communications.
D.
Financial reports other than annual financial reports.
E.
Insurance policies.
F.
Oaths of office.
G.
Reports of boards, commissions, committees and officials
duplicated in the Council minutes.
H.
Resolutions and petitions.
I.
Voter record cards.
J.
Police Department: officer daily logs/parking tickets.
[Added by Ord. No. 787-93]
[Added by Ord. No. 794-94 (§ 1.53 of the
1989 Code)]
A.
Purpose. The purpose of this section is to establish
a City records retention schedule for the City Police Department and to authorize
destruction of City police records pursuant to the schedule set forth herein.
The record custodian for the Police Department 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 pursuant to § 16.61(7), Wis. Stats.
Any record not covered by this section or any regulation or law shall be retained
seven years unless the record is added by amendment into this section and
the shorter period of time is approved by the State Public Records Board.
B.
LEGAL CUSTODIAN
RECORD
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The individual responsible for maintaining records pursuant to § 19.33,
Wis. Stats.
Has the meaning defined in § 19.32(2), Wis. Stats.
C.
Destruction after request for inspection. No Police Department
requested records covered by this section 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.
D.
Destruction pending litigation. No records subject to
pending litigation shall be destroyed until litigation is resolved.
E.
Review and approval by Public Records Board. The section
and the retention periods of less than seven years have been reviewed and
approved by the Public Records Board.
F.
Records retention schedule. "CR" stands for creation
of a record and refers to the receipt or creation of the record. "W" means
records are not historical and the required notification is waived.
|
RecordID No.
|
Description
|
Retention
Period
|
Authority
|
SHSW
Notify
|
|---|---|---|---|---|
|
001
|
Videotape Recordings
|
31 Days
|
W
|
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 in § 19.21(4)(a), Wis. Stats.
Any tape recording of a governmental meeting of the City 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.
This article shall not be construed to authorize the destruction of
any public record after a period less than prescribed by statute or state
administrative regulations.
Any City officer or the head of any department or division of City government
may 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 this Code.
