[HISTORY: Adopted by the Village Board of the Village of Fox Point 6-11-2013 by Ord. No. 2013-05 (§ 2.16 of the 1961 Code). Amendments noted where applicable.]
The purpose of this chapter is to specify retention periods for certain Village records and to allow access to the same extent, and in the same manner, as allowed by state law.
As used in this chapter, the following terms shall have the meanings indicated:
- LEGAL CUSTODIAN
- The individual responsible for maintaining records pursuant to § 19.33, Wisconsin Statutes.
- Has the meaning defined in § 19.32(2), Wisconsin Statutes.
- Has the meaning defined in § 19.32(3), Wisconsin Statutes.
The Village Board, by separate resolution, shall adopt a schedule which describes the minimum time periods for which records shall be maintained by a legal custodian of the Village of Fox Point. Said resolution may be amended from time to time, as described below, and the resolution and any amendments thereto are incorporated herein by reference.
The initial retention schedule resolution that is adopted contemporaneously with this chapter has been reviewed and approved along with this chapter by the State of Wisconsin Public Records Board. The retention schedule resolution shall not be modified in a manner that reduces the retention periods described in the initial retention schedule resolution, or which adds additional documents to the schedule, unless those reductions or retention periods for additional documents are first reviewed and approved by the Wisconsin Public Records Board.
The Wisconsin State Historical Society has waived the notice that would otherwise be required prior to destruction of certain records as described in the retention schedule. The retention schedule resolution shall not be modified in a manner that waives notice to the Wisconsin State Historical Society, or which adds additional documents to the schedule and waives notice of their destruction, unless those waivers are first reviewed and approved by the Wisconsin Public Records Board and the Wisconsin State Historical Society.
In the event that the retention schedule does not specifically note the Wisconsin State Historical Society's waiver regarding any particular record, then the Wisconsin State Historical Society must be given 60 days written notice prior to destruction of the record, as described in § 19.21(4)(a), Wisconsin Statutes.
In addition to the retention period described in the retention schedule, records shall be maintained for the following additional time periods:
A record that is existing at the time of a request shall not be destroyed until after the request is granted, or in the event the request is denied until at least the time period described in § 19.35(5), Wisconsin Statutes, has passed from the date of the denial.
A record that is existing at the time that the legal custodian receives written notice that a mandamus action relating to the record has been commenced pursuant to § 19.37, shall not be destroyed until the final court order is issued in the action and the appeals are exhausted, as further describe in § 19.35(5), Wisconsin Statutes.
A record that is known by the legal custodian to be relevant to litigation or audit that is pending at the time that the record would otherwise be destroyed, shall not be destroyed until the litigation or audit is resolved.
Records may be kept and preserved through the use of microfilm or another reproductive device, optical imaging, electronic formatting, or any other reproduction format authorized by § 19.21(4)(c), Wisconsin Statutes, and said reproduction shall be deemed an original record for all purposes, in accordance with § 19.21(4)(c), Wisconsin Statutes.
All state statutes incorporated or referenced herein shall be deemed to include all subsequent amendments, repeals, and renumbering that may be enacted regarding the same, in order to ensure uniform statewide regulation of public records.