[HISTORY: Adopted by the Town Board of the Town of Addison as indicated in article histories. Amendments noted where applicable.]Notice for Open Records Request
[Adopted 8-18-1994 by Ord. No. 94-7]
Any person who requests the Town Clerk or Town Treasurer to research, compile, assemble, provide and/or create a record or report in a form not created, kept, and maintained in the usual and ordinary course of Town business, including but not limited to information and data relating to special assessments, zoning, and delinquent taxes, shall be charged a fee for said service.
The fee charged shall be as set by the Town Board. Said fee shall be made payable to the Town of Addison and shall immediately be deposited in the general fund.
This provision shall apply only to records and reports in a form not created, kept, and maintained in the normal and ordinary course of Town business. When Town documents and records in the form kept by the Town in the usual and ordinary course of business are requested, they shall be provided pursuant to the provisions of § 19.35, Wis. Stats.
Data, records, reports, and information from governmental entities other than the Town shall not be researched, obtained, compiled, or provided to requesters by employees of the Town pursuant to this article.
[Adopted 10-22-2001 by Ord. No. 01-07]
The legal custodian of records for the Town Board otherwise specified under § 19.33, Wis. Stats., shall hereby be the appointed Clerk for the Town of Addison. The Town Clerk, as appointed legal custodian of all Town Board records, shall be vested with full authority under § 19.33, Wis. Stats.
The legal custodian of records for the Plan Commission otherwise specified under § 19.33, Wis. Stats., shall hereby be the appointed Town Zoning Administrator for the Town of Addison. The Town Zoning Administrator, as appointed legal custodian of all Plan Commission records, shall be vested with full authority under § 19.33, Wis. Stats.
The legal custodian of records for the Zoning Board of Appeals otherwise specified under § 19.33, Wis. Stats., shall hereby be the appointed Town Zoning Administrator for the Town of Addison. The Town Zoning Administrator, as appointed legal custodian of all Zoning Board of Appeals records, shall be vested with full authority under § 19.33, Wis. Stats.
The Town of Addison does hereby adopt the attached notice pursuant to § 19.34, Wis. Stats., as the procedure allowing access to all public records for the Town of Addison.
Editor's Note: The notice is included as an attachment to this chapter.
Access to all records shall be subject to § 19.35, Wis. Stats., and any amendments made thereto.
The Town of Addison hereby establishes that a reasonable fee, which sum shall not exceed the actual cost incurred by the Town of Addison for reproduction of any request, shall be borne by the requester. The costs shall be as established by the Town Board and are subject to change.
Editor's Note: The Fee Schedule is on file in the Town Clerk's office.
If the expected fee for reproduction exceeds or is anticipated to exceed $5, the legal custodian shall require prepayment by the requester prior to reproducing the records.
Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.
The legal custodian, upon request for any record, shall, as soon as practicable and without delay, comply with the request. 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 from the legal custodian a written statement for all the reasons of denial.
Every written denial shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or to the district attorney's office.
The legal custodian shall make a determination under § 19.35, Wis. Stats., of whether the person is authorized to receive the records requested and shall thereafter comply with § 19.35, Wis. Stats., and this article and further with the rights of data subject to challenge under § 19.365, Wis. Stats.
Nothing herein constitutes a waiver of the Town of Addison's authority under §§ 19.32 to 19.39, Wis. Stats., dealing with open record requests. The Town of Addison and the legal custodian reserve any and all limitations upon access and withholdings set forth under Chapter 19 of the Wisconsin Statutes and as otherwise allowed by law.