[HISTORY: Adopted by the Common Council of the City of Muskego 7-22-1999 by Ord. No. 988 (Ch. 5 of the 1964 Code). Amendments noted where applicable.]
The purpose of this chapter of the City of Muskego Municipal Code is to specify retention periods for certain City records and to allow access to records 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, Wis. Stats.
- Has the meaning defined in § 19.32(2), Wis. Stats.
- Has the meaning defined in § 19.32(3), Wis. Stats.
City of Muskego legal custodians shall maintain all records for the retention period, and for any additional time period as described in § 92-6 below, if applicable. Thereafter, after the State Historical Society has waived receipt of the records (see § 92-5 below), the legal custodian may destroy the records.
The City of Muskego Common Council, 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 City of Muskego. 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), Wis. Stats.
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), Wis. Stats., 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, Wis. Stats., shall not be destroyed until the final court order is issued in the action and the appeals are exhausted, as further described in § 19.35(5), Wis. Stats.
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), Wis. Stats., and said reproduction shall be deemed an original record for all purposes, in accordance with § 19.21(4)(c), Wis. Stats.
All records maintained by a legal custodian shall be made available for inspection, copying, or other use that is authorized by state law, to the same extent as allowed by Wisconsin state statutes, including but not limited to § 19.35, Wis. Stats., and in the same manner.
A requester shall pay a fee established by resolution of the Common Council for a photocopy of a record, unless the requester is specifically excluded from payment of the fee by state law. The requester also shall pay such other fees as may be charged pursuant to state law, including but not limited to § 19.35(3), Wis. Stats.
Wisconsin Statutes §§ 19.21 through 19.39 regarding public records and property are incorporated as if fully set forth herein. 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.