[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.]
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.
[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.
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.
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.
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.
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.
A.Â
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)Â
Bank statements, deposit books, slips and stubs.
(2)Â
Bonds and coupons after maturity.
(3)Â
Cancelled checks, duplicates and check stubs.
(4)Â
License and permit applications, stubs and duplicates.
(5)Â
Official bonds.
(6)Â
Payrolls and other time and employment records of personnel included
under the Wisconsin Retirement Fund.
(7)Â
Receipt forms.
(8)Â
Special assessment records.
(9)Â
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
B.Â
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:
C.Â
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)Â
Assessment rolls and related records, including Board of Review minutes.
(2)Â
Contracts and papers relating thereto.
(3)Â
Correspondence and communications.
(4)Â
Financial reports other than annual financial reports.
(5)Â
Insurance policies.
(6)Â
Oaths of office.
(7)Â
Reports of boards, commissions, committees and officials duplicated
in the Village Board minutes.
(8)Â
Resolutions and petitions.
D.Â
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.Â
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.