[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:
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 minimum required period of time that a document will be maintained as described in § 143-4.
A.
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.
B.
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.
A.
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.
B.
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.
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.
B.
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.
C.
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.
