[HISTORY: Adopted by the Common Council of the City of Shawano
by Ord. No. 846; amended in its entirety 8-7-1996 by Ord. No. 1311. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Public records — See § 1.25.
In recognition of the fact that a representative government
is dependent upon an informed electorate, it is declared to be the
public policy of this City that all persons are entitled to the greatest
possible information regarding the affairs of government and the official
acts of those officers and employees who represent them. To that end,
the provisions of this chapter shall be construed in every instance
with a presumption of complete public access, consistent with the
conduct of governmental business.
As used in this chapter, the 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
submit of the foregoing.
That officer, department head, division head or employee of the City designated under § 19.04 below or otherwise responsible by law to keep and preserve any City 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 chapter 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 are available for inspection
at a public library.
(1)
Except as otherwise provided herein, each officer and employee
of the City shall safely keep and preserve all records received from
his or her predecessor or other persons 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.
(2)
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 said receipt with the Clerk-Treasurer. If a vacancy
occurs before a successor is selected or qualifies, such records shall
be delivered to and receipted for by the Clerk-Treasurer on behalf
of the successor, to be delivered to such successor upon the latter's
receipt.
(1)
Each elected official or department head is the legal custodian
of his or her records and the records of his or her office, but such
official or department head may designate an employee of his or her
staff to act as the legal custodian. The custodian for the various
departments of the City are as follows: Clerk-Treasurer, Director
of Public Works, Park and Recreation Director, Police Chief, Assessor,
Building Inspector, Grants and Aids Administrator and Shawano Municipal
Utility Manager.
[Amended 9-8-1999 by Ord. No. 1419; 12-7-2005 by Ord. No. 1638]
(2)
Unless otherwise prohibited by law, the Clerk-Treasurer or his
or her deputy shall act as legal custodian for the Council and for
any committees, commissions, boards or other authorities or agencies
created by ordinance or resolution of the Council.
(3)
No elected official is responsible for the record of any other
elected official unless he or she has possession of the record of
that other official.
The following regulations shall apply to all requests for inspection
and/or copies of City records:
(1)
Public records will be available for inspection during all normal
office hours.
(2)
A person requesting a record does not have to provide his or
her name nor the reason for the request; however, no inspection of
records shall be permitted without supervision. Inspection requests
involving lengthy supervision shall be subject to adjournment from
time to time in order to allow the supervising employee an opportunity
to meet other work priorities.
(3)
Requests for copies of public records must be submitted in writing
and must reasonably describe the document to which access is sought.
A request may be made orally, but a request must be in writing before
an action to enforce the request is commenced under W.S.A. s. 19.37.
(4)
The legal custodian shall have five days in which to respond
to written requests. If, after conferring with the City Attorney,
the legal custodian 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.
(5)
The cost of photocopying shall be in an amount as set by Council
resolution. If a copy is requested to be digitally reproduced or copies
of a tape made, the fee for same shall be as set by Council resolution.
[Amended 12-8-1999 by Ord. No. 1438]
(6)
If the form of a written record does not permit copying, the
actual and necessary cost of photographing and photographic processing
shall be charged. The cost of providing a copy of other records not
in printed form on paper such as films, computer printouts, audio
and visual tapes, and magnetic media shall be in an amount as set
by Council resolution.
[Amended 6-8-2011 by Ord. No. 1781]
(7)
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 legal custodian and billed to the requester.
(8)
The legal custodian, in his or her sole discretion, may estimate
the cost of inspection and/or copying and require a cash deposit adequate
to assure payment if such estimate exceeds $5.
(9)
Elected and appointed officials of the City shall not be required
to pay for public records that they may reasonably require for the
proper performance of their official duties.
(10)
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.
(11)
The fee charged for each parcel of information given to mortgage
institutions, banks, title companies, etc., for tax payments shall
be in an amount as set by Council resolution.
[Amended 6-13-2001 by Ord. No. 1490; 6-8-2011 by Ord. No. 1780]
(12)
Requests for property information from the Assessor's office
shall be responded to within two working days of receiving a written
request. No request shall be responded to until payment of fees set
by Council resolution.
[Added 8-10-2005 by Ord. No. 1625]
(1)
As provided by W.S.A. s. 19.36, the following records are exempt
from inspection under this section:
(a)
Records specifically exempted from disclosure by state or federal
law or authorized to be exempted from disclosure by state law.
(b)
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.
(c)
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.
(d)
A record or any portion of a record containing information qualifying
as a common law trade secret.
(2)
As provided by W.S.A. s. 43.30, public library circulation records
are exempt from inspection under this section.
(3)
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 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. Examples of matters
for which disclosure may be refused include, but are not limited to,
the following:
(a)
Records obtained under official pledges of confidentiality which
were necessary and given in order to obtain the information contained
in them.
(b)
Records of current deliberations after a quasi-judicial hearing.
(c)
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.
(d)
Records concerning current strategy for crime detection or prevention.
(e)
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.
(f)
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.
(g)
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 W.S.A. s. 905.03.
(4)
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.
(1)
Financial records. 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 W.S.A. Ch. 442, 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 W.S.A. s. 16.61(3)(e),
and then after such shorter period:
(a)
Bank statements, deposit books, slips and stubs.
(b)
Bonds and coupons after maturity.
(c)
Canceled checks, duplicates and check stubs.
(d)
License and permit applications, stubs and duplicates.
(f)
Receipt forms.
(g)
Special assessment records.
(h)
Vouchers, requisitions, purchase orders and all other supporting
documents pertaining thereto.
(2)
Utility records. City 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 W.S.A. Ch. 442, 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 W.S.A. s. 16.61(3)(e),
and then after such a shorter period, except that water stubs, receipts
of current billings and customers' ledgers may be destroyed after
two years:
(3)
Other records. Any City officer may destroy the following records
of which he or she 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 W.S.A. s. 16.61(3)(e), 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.
(4)
Notice required. 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 W.S.A.
s. 19.21(4)(a).
(5)
Tape recordings. 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.
(6)
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 regulations.
(7)
Preservation through microfilm. Any City officer or the head
of any department or division of City government may 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 W.S.A. s. 16.61(7)(a) and
(b) 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.
Pursuant to W.S.A. s. 19.34, and the guidelines therein listed, the Clerk-Treasurer is authorized and directed to reproduce §§ 19.04, 19.05 and 19.06 of this chapter as a notice for the guidance of the public, prominently display same at City Hall and make copies available upon request to the general public. Said notice shall contain the following introduction:
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"NOTICE OF POLICY REGARDING REQUESTS FOR INSPECTION AND/OR COPIES
OF CITY OF SHAWANO RECORDS. The City of Shawano, in recognition of
the fact that a representative government is dependent upon an informed
electorate, has adopted the following policy regarding requests for
information about the affairs of City government and the official
acts of those officers and employees who represent the City."
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