Village of Fremont, WI Chapter 148 Records

[HISTORY: Adopted by the Village Board of the Village of Fremont 5-27-1986 by Ord. No. 86-1 as Sec. 1.08 of the 1986 Municipal Code. Amendments noted where applicable.]

§ 148-1 Designation of legal custodian of Village records.

The Village Board hereby designates the Clerk-Treasurer as the official legal custodian of the public records of the Village. It shall be the responsibility of the Clerk-Treasurer to carry out all duties and responsibilities imposed upon the Village and the legal custodian by the Wisconsin Public Records and Property Law, as set forth in §§ 19.31 to 19.39, Wis. Stats. The Clerk-Treasurer shall be responsible for the timely response to any request for access to the public records, the release of the public records of the Village, the conditions under which records may be inspected and the collection of costs for the location and reproduction of such records.

§ 148-2 Designation of deputy legal custodian.

[Amended by Ord. No. 97-5]

The Village President is hereby designated as deputy legal custodian to act as legal custodian in the absence of the Clerk-Treasurer. However, the Village President shall have access to public records only in the absence of the Clerk-Treasurer and if accompanied by two Trustees.

§ 148-3 Notice to all employees.

It is directed that all employees of the Village be informed, in writing, of the designation of the legal custodian and the deputy legal custodian of the public records of the Village. Employees shall be further informed of the duties of the official legal custodian and shall also be made aware of the other requirements and provisions of this chapter.

§ 148-4 Powers and duties of official legal custodian.

All requests for the release, inspection and/or reproduction of public records of the Village shall be directed and referred to the Clerk-Treasurer who is hereby vested with full legal power to make all necessary decisions relative to the release, inspection and reproduction of public records and is further granted all authority necessary to carry out all duties and responsibilities required by either the Wisconsin Public Records and Property Law or this chapter. The Clerk-Treasurer shall establish hours when persons shall have access to records maintained in the Village Hall. The Clerk-Treasurer shall prepare and post a notice to the public regarding access to public records, pursuant to § 19.34, Wis. Stats.

§ 148-5 Fee for locating and/or reproducing Village records. [1]

The cost of photocopying shall be $0.50 per page. It is intended that this fee schedule shall cover the payment of the actual, necessary and direct costs incurred in locating a document or in providing any person with a reproduction of any of the records of the Village.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 148-6 Preservation of records.

The records of the Village shall be retained and preserved by the legal custodian, as required by all applicable laws, and no records shall be destroyed without the prior written approval of the legal custodian. Further, no record of the Village shall be destroyed after the receipt of a request for such record until after the request is granted or until any dispute concerning the request has been completely and finally resolved.

§ 148-7 Destruction of obsolete public records.

A. Financial records. The Clerk-Treasurer may destroy the following nonutility records of which he is 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 Committee on Public Records, pursuant to § 16.61(3)(e), Wis. Stats., and then after such shorter period:

(1) Bank statements, deposit books, slips and stubs.

(2) Bonds and coupons after maturity.

(3) Cancelled checks, duplicates and check stubs.

(4) License and permit applications, stubs and duplicates.

(5) Official bonds.

(6) Payrolls and other time and employment records of personnel included under the Wisconsin Retirement Fund.

(7) Receipt forms.

(8) Special assessment records.

(9) Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

B. Utility records. The Clerk-Treasurer may destroy the following records of any municipal utility of which he is legal custodian and which are considered obsolete after completion of an audit by the state auditors or by an auditor licensed under Ch. 442, Wis. Stats., but not less than two years after payment or receipt of the sum involved in the applicable transaction:

(1) Sewer rental charge stubs.

(2) Receipts of current billings.

(3) Customers' ledgers.

C. Other records. The Clerk-Treasurer 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:

(1) Assessment rolls and related records, including Board of Review minutes.

(2) Contracts and papers relating thereto.

(3) Correspondence and communications.

(4) Financial reports other than annual financial reports.

(5) Insurance policies.

(6) Oaths of office.

(7) Reports of boards, commissions, committees and officials duplicated in the Village Board minutes.

(8) Resolutions and petitions.

D. Notice required. Prior to the destruction of any public record described above, at least 60 days' notice shall be given to the State Historical Society.

E. Limitation. This section shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or state administrative regulation.