Authority. Any of the following County related offices having custody of a record: 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 subunit of the foregoing.
Record. 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, hand-written, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes and/or diskettes), 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 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 inspection or sale at a public library.
Each elected official is the legal custodian of his records and the records of his office, but the official may designate an employee of his staff to act as the legal custodian.
Unless otherwise prohibited by law, the County Clerk or the Clerk's designated deputy clerks shall act as legal custodians for the County Board and for any committees, commissions, boards or authorities created by ordinance or resolution of the County Board.
For every authority not specified in Paragraphs (a) or (b), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee to act as the legal custodian.
Each legal custodian shall name a person to act as legal custodian in his absence or the absence of his designee. This subsection does not apply to members of the County Board.
The designation of a legal custodian does not affect the powers and duties of an authority.
Procedural Information. Pursuant to § 19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection, a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. This section does not apply to members of the County Board.
Access to Records; Fees.
Public Rights. The right of any person who requests inspection or copies of a record are governed by § 19.35(1), Wis. Stats.
Facilities to be Provided. Each authority shall provide any person authorized to inspect or copy a record which appears in written form under § 19.35(1)(b), Wis. Stats., or any person authorized to and requesting permission to photograph a record the form of which does not permit copying pursuant to § 19.35(1)(f), Wis. Stats., with facilities comparable to those used by its employees to inspect, copy and abstract the record during established office hours. An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.
Each authority shall impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the records [see the fee schedule set forth in Oneida County Code § 3.15(2)], unless a fee is otherwise specifically established or authorized to be established by law.
[Amended 8-20-2019 by Res. No. 67-2019 (Ord. No. 15-2019), effective 8-29-2019]
Each authority shall impose a fee upon the requester of a copy of a record for the actual, necessary and direct cost of photographing and photographic processing if the authority provides a photograph of a record, the form of which does not permit copying.
Except as otherwise provided by law or as authorized to be prescribed by law, an authority shall 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.
Each authority shall impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.
An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
Each authority shall require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5.
Response to Request. Each authority, in acting upon a request for any record, shall respond as required by the following provisions which are set out in § 19.35(4), Wis. Stats.
Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor.
If a request is made orally, the authority may deny the request orally unless a demand for a written statement of the reasons denying the request is made by the requester within five business days of the oral denial. If an authority denies a written request in whole or in part, the requester shall receive from the authority a written statement of the reasons for denying the written request. Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.
Separation of Information. If a record contains information that may be made public and also information that may not be made public or a question as to public access arises, each authority shall consult with the Corporation Counsel before releasing any information under this section. If in the judgment of the custodian and the Corporation Counsel, there is not 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.
Limitations on Right to Access.
As provided by § 19.36, Wis. Stats., the following records are exempt from inspection under this section:
Records specifically exempted from disclosure by State or federal law or authorized to be exempted from disclosure by State law.
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.
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.
A record or any portion of a record containing information qualifying as a common law trade secret.
As provided by § 43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.
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 Corporation Counsel, may deny the request, in whole or in part, only if he 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:
Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
Records of current deliberations after a quasi-judicial hearing.
Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance or discipline of any County officer or employee, or the investigation of charges against a County officer or employee, unless such officer or employee consents to such disclosure.
Records concerning current strategy for crime detection or prevention.
Records of current deliberations or negotiations on the purchase of County property, investing of County funds or other County business whenever competitive or bargaining reasons require nondisclosure.
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.
Communications between legal counsel for the County and any officer, agent or employee of the County, when advice is being rendered concerning strategy with respect to current litigation in which the County or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under § 905.03, Wis. Stats.
Destruction of Records. Whenever it is necessary to gain needed vault and filing space, those County officials who have in their custody such obsolete records as are described in § 59.715, Wis. Stats., may destroy the same, subject to §§ 59.716 and 59.717, Wis. Stats.
Preservation through microfilm or optical disk/electronic storage. The Oneida County Board authorizes any County officer or the director of any department or division of County government to keep and preserve public records in their possession by means of microfilm, photographic reproduction or optical disc/electronic storage method. Such records shall meet the standards for photographic reproduction set forth in § 16.61(7)(a) and (b), Wis. Stats., and/or the standards set forth in § 59.52(14), Wis. Stats., for optical disk/electronic storage 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.
[Amended by Res. No. 75-2016]
Records Retention Schedule.
[Added by Ord. No. 113-91; amended by Res. No. 147-2004; Ord. No. 69-2005]
Purpose. The purpose of this subsection is to establish a County-wide records retention schedule and authorize destruction of County records pursuant to that schedule on an annual basis. Record custodians do not have the authority to destroy records prior to the established retention period, unless such records have been photographically reproduced as original records pursuant to § 16.61(7), Wis. Stats. If there is not a specific law requiring a specific retention period, all records must be retained seven years, unless the Public Records and Forms Board fixes a shorter period. Notwithstanding the foregoing and subject to § 1.30(9)(d) and (e) below, recordings of a meeting, as defined in § 19.82(2), Wis. Stats., made for the purpose of making printed minutes of the meeting may be destroyed no sooner than 90 days after the printed minutes have been approved and published, including those published by filing in the Office of the County Clerk.
Historical Records. The State Historical Society of Wisconsin (SHSW) has waived the required statutory sixty-day notice under § 19.21(5)(d), Wis. Stats., for records marked "W", which designates waived notice. SHSW must be notified prior to destruction of records marked "N", designating nonwaiver. Notice is also required for any record not listed in this subsection. "N/A" indicates not applicable and applies to all County records designated for permanent retention.
Destruction After Request for Inspection. No requested record may be destroyed until after the request is granted or 60 days after the request is denied. If an action is commenced under § 19.37, Wis. Stats., the requested record may not be destroyed until a court order is issued and all appeals have been completed. See § 19.35(5), Wis. Stats.
Destruction Pending Litigation. A legal custodian having actual knowledge that a record is subject to pending litigation shall not destroy that record until litigation is resolved and all appeals have been completed.
Microfilming of Department Records. Departments may keep and preserve public records through the use of microfilm, provided that the microfilm meets the applicable standards established in § 16.61(7), Wis. Stats. Departments should consider factors, such as the retention period and estimated cost of the microfilming, in deciding which records to microfilm. After verification, paper records can be destroyed if these records are preserved on microfilm. For microfilmed records not identified as permanent, the above records retention periods apply.
County-wide. The following records are found through various departments in the County and are subject to uniform regulation, unless otherwise specified:
Commission on Aging.
All financial and programmatic records, supporting documents, statistical records and other records which are required to be maintained by the terms of the grant/contract or otherwise reasonably considered as pertinent to the grant/contract are governed by federal DHSS Regulations Title 45, Part 74, Subpart. D.
In case of litigation, claim, audit or other action involving records or records concerning nonexpendable property, such records may not be disposed of until authorization has been obtained by the awarding agency to dispose of records.
Courts. All records maintained by the Clerk of Courts, Register in Probate, Juvenile Court or Juvenile Intake Office relating to Juvenile Court and the Family Court Commissioner shall be retained in compliance with Supreme Court Rules, Ch. 72. Records not specified therein of a general County-wide nature shall be retained pursuant to Paragraph (g).
Information Technology Services. Provides information technology services for departments and stores record information electronically for departments. Electronically stored record information must be maintained pursuant to the guidelines established for the specific departmental records and County-wide records enumerated in this section.
[Amended by Ord. No. 03-2001]
[Amended by Ord. No. 11-2006]
Planning and Zoning Department.
Real Property Listing.
Register of Deeds.
[Amended by Res. No. 37-2009; 11-10-2020 by Res. No. 87-2020, effective 11-24-2020]
Social Services, Department Of.
Veterans Service Office.
Review and Approval by Public Records and Forms Board. This subsection has been reviewed and approved by the Public Records and Forms Board.
The County Clerk shall arrange for the annual printing of the County Directory.
The County shall be included in a Vocational, Technical and Adult Education District comprising an area large enough to provide a sound base for vocational, technical and adult education, subject to approval by the State Board of Vocational, Technical and Adult Education under the provisions of Ch. 38, Wis. Stats.
Establishment. Pursuant to Resolution No. 12-72, dated February 15, 1972, the County establishes the Oneida County Junior Fair.
Administration. The Junior Fair shall be administered by a Board of Directors consisting of members of all youth groups in the County.
Liaison Members. The Chairman of the Resource Development and Agriculture Committee, or his appointee, shall be a liaison member of the County Junior Fair Board.
The County Medical Examiner shall rent from an established local bank a safe deposit box in the name of the County, subject to rules and regulations of such bank. Any two of the following officials shall have access to such box:
Chief of Police of the City of Rhinelander
[Amended by Ord. No. 83-95; Ord. No. 22-97; Ord. No. 01-2002]
The County offices shall be open from 8:00 a.m. to 4:30 p.m., Monday through Friday, except on New Year's Day, the Friday before Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the day after Thanksgiving, December 24th and 25th. In the event any of the above listed days fall on a Saturday, the Courthouse will be closed the preceding Friday and if the day falls on a Sunday, the following Monday the Courthouse will be closed.
Department Heads may establish different working schedules, for bonafide business reasons, with the approval of their Committee of Jurisdiction and the Labor Relations and Employee Services Committee.
Cut-off Reception Time for the Filing and Recording of Documents with the Register of Deeds Office. Pursuant to § 59.20(3)(c) of the Wisconsin Statutes, provision is hereby made that the cut-off reception time for the filing and recording of documents with the Oneida County Register of Deeds shall be one-half hour prior to the close of the official business day during which time the Register of Deeds Office is open to the public, in order to complete the processing, recording and indexing to conform to the day of reception.
[Added by Ord. No. 103-2005]
[Added by Ord. No. 24-88]
All ordinances adopted by the County Board, the substance of proceedings of the Board and every other legal notice required by law to be published by the County pursuant to § 985.01, Wis. Stats., shall be published in the Rhinelander Daily News. This section shall not be construed as a designation of the Rhinelander Daily News as the official County newspaper pursuant to § 985.05, Wis. Stats. This section shall not prevent the Board, its committees, commission or any other subordinate body from determining on the record that a particular legal notice or other notice should also be published in one or more other newspapers or trade journals in order to give adequate notice in the area of the County affected or to the person affected.
[Added by Ord. No. 58-91; amended by Ord. No. 31-2000; Ord. No. 92-2012; Res. No. 83-2014]
The County may dispose of or utilize any personal property which has been abandoned or remained unclaimed for a period of 30 days after the taking of possession of the property by County officials or employees by the following means, which are determined to be in the best interests of the County:
Such abandoned property shall be inventoried in a manner which will reasonably describe it, including identification numbers; where it was abandoned; the name and last known address of the owner, if known; and its estimated fair market value.
The inventory list shall be circulated to the various departments of the County, and requests for use of specific items of personal property appearing on the list may be submitted to the Public Safety Committee for review and approval as being in the best interests of the County. An inventory of such property shall be maintained and updated on an annual basis for so long as such property is utilized by any of the various County departments. The name of the department, the person in such department who is responsible for the property, the consideration received, if any, for the utilization of such property and the manner in which the property is ultimately disposed of shall be included on the inventory list. Such inventory list of such utilized property shall be kept as a public record for a period of not less than two years for each piece of property.
Any property which is not utilized by a County department as provided for above shall be disposed of in a sale open to the public under the jurisdiction of the Sheriff and the Buildings and Grounds Committee or its designee, and all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the County treasury. Forty-five days prior to any auction, the Sheriff's Department shall submit to the Buildings and Grounds Committee a list of items in the possession of the Sheriff available for sale to the public or distribution to County departments. The Committee shall thereafter disseminate the list to the County departments, who shall thereafter make any requests for use of specific items to the Committee for final approval.
Any abandoned property in the care and custody of the Oneida County Sheriff's Office shall be disposed of pursuant to the policies and procedures of the Oneida County Sheriff's Office that are consistent with state and federal laws.
[Added by Ord. No. 3-98; amended by Res. No. 105-2006; Res. No. 117-2008; Res. No. 32-2009]
Introduction. The timely deposit and investment of public monies is an important and integral part of any cash management program. This statement of policy is intended for the use and guidance of the designated County official or officials with investment authority and any investment advisers to whom County officials have delegated investment authority as defined in § 66.0603(2) of the Wisconsin Statutes. This investment policy shall be reviewed annually by the County investment officer and the Finance and Insurance Committee. The Finance and Insurance Committee shall approve any recommended changes, and the necessary resolution to modify the existing policy shall be presented to the Oneida County Board for its action.
Statement of Purpose. The purpose of this investment policy is to establish guidelines for investments that are broad enough to allow the investment officer to function properly within the parameters of responsibility and authority. It is also intended to be specific enough to establish a prudent set of basic procedures to assure that investment assets are adequately safeguarded.
Goals and Objectives.
The primary objectives of Oneida County investment activities shall be the following in order of importance:
Safety. The safety of the principal shall be the foremost objective.
Liquidity. Funds shall be invested to provide sufficient liquidity to meet all reasonably anticipated disbursement requirements; and
Yield. Funds shall be invested to maximize return consistent with the objectives in Items 1 and 2 and other limitations described in this policy.
Delegation of Authority.
Pursuant to §§ 59.62(1)(2) and 59.25(3)(s) of the Wisconsin Statutes and to § 1.13(6)(a)(b) of the Oneida County Code, the authority to invest and reinvest monies of Oneida County, to sell or exchange securities so purchased and to provide for the safekeeping of such securities is delegated to the County Auditor/Finance Director.
The Auditor/Finance Director or his/her designee shall have the authority to direct the Treasurer to transfer funds between accounts established for investment purposes.
As defined in § 66.0603(2) of Wisconsin Statutes, the Auditor/Finance Director may delegate investment authority for any funds not immediately needed to a state or national bank, or bank, or trust company which is authorized to transact business in the State.
Prudence Required. The standard of prudence will apply to all investments made on behalf of the County in accordance with the "prudent person rule" of § 881.01 of the Wisconsin Statutes which states:
"Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived."
Depositories and Providers of General Banking Services. The primary provider of banking services will be Associated Bank North, located in the City of Rhinelander, Oneida County, Wisconsin. In addition, the Auditor/Finance Director "shall" direct the Treasurer to place funds in other depositories defined in § 59.61(3) of the Wisconsin Statutes.
Depository Collateralization Requirements. With the passage of Wisconsin Act 25, effective August 1, 1985, the State of Wisconsin no longer provides an overall guarantee of public fund deposits. However, the State will continue to pledge general purpose revenues as described in Wisconsin Statutes § 20.124(1)(a) for the payment of losses of public deposits until the balance of the appropriation is exhausted. However, no payment for a loss in excess of $400,000 for any one public deposit in any individual public depository will be made. As the FDIC insures deposits up to $250,000, a public deposit is protected up to $650,000 in any one depository institution. Funds will only be placed in depository institutions that are FDIC insured.
Funds placed in any one depository institution above $650,000, including demand deposits, time deposits, and certificates of deposit must be 100% collateralized as to principal and accrued interest with securities that are obligations of the U.S. Government or its agencies that are fully guaranteed by the U.S. Government. Securities held as collateral shall be delivered for safekeeping to a custodial bank selected by Oneida County. Securities held as collateral at the custodial bank will be marked to market at least monthly, with a monthly statement sent to the Investment Officer detailing all holdings.
All investments will be made in accordance with § 66.0603 of the Wisconsin Statutes governing the investment of public funds and as further restricted by this Investment Policy Statement. Permitted investments are:
Securities issued or guaranteed as to principal and interest by the U.S. Government or agencies thereof.
Fixed income securities with a minimum long-term debt rating of AA by Moody's or Aa by Standard & Poor's at the time of purchase and meeting the maturity criteria outlined above.
Investments in commercial paper and variable rate demand notes are restricted to corporations rated A-1 and A-2 by Standard and Poor's or P-1 or P-2 by Moody's at the time of purchase.
Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in the State of Wisconsin if the time deposits mature in not more than three years.
Floating rate securities, the coupons of which adjust to market interest rates with a minimum frequency of four times annually, meeting quality and maturity criteria outlined above.
No-load money market mutual funds whose investments are limited to those meeting the above criteria in compliance with § 66.0603.
The State of Wisconsin Local Government Investment Pool (LGIP).
Diversification. Total holdings of any one issuer may not exceed 10% of the market value of the portfolio at the time of purchase, with the exception of U.S. Government issues and issues of U.S. Government agencies fully guaranteed as to both principal and interest by the U.S. Government.
Maturities of individual securities must be in compliance with § 66.0603 of Wisconsin Statutes. Per this section, time deposits may not exceed three years, and debt that is not guaranteed as to principal and interest by the Federal Government or its Agencies, or a Wisconsin municipality must have a maturity not more than seven years. Maturities may be further restricted by guidelines set forth below.
No individual issue shall exceed five year(s) in maturity from the date of purchase.
Floating rate securities, the coupons of which adjust to market interest rates with a minimum frequency of four times annually, shall at a minimum be subject to the maturity constraints outlined in Item "A" above.
Liquidity. All securities must be readily marketable to ensure adequate portfolio liquidity.
Investment Advisers and Custodians. All investment advisers and custodians retained by the County will provide detailed monthly statements to the County Auditor/Finance Director. Such reports will contain at a minimum a description of each security including units held, cost, market value and current yield as well as a detailed list, by date, of all transactions executed during the period.
Auditor/Finance Director. It will be the responsibility of the Auditor/Finance Director to establish and maintain records and accounts to:
[Investments.] The Auditor/Finance Director shall, when requested, make a report on County investments to the Oneida County Finance and Insurance Committee. In addition, the Auditor/Finance Director shall include a description of the County's investment Portfolio as part of his/her annual report to the County Board of Supervisors.
[Amended by Res. No. 131-2004]
In County. Subject to the exceptions set forth below, the Corporation Counsel shall provide legal advice and representation to the County Board, its committees, boards, commissions, departments and staff pursuant to § 1.22 of this Code and § 59.42, Wis. Stats.
Emergency or Conflict of Interest. In the event of an emergency, a conflict of interest or an appearance of a conflict of interest which may require the retainer of outside legal counsel, the chairpersons of the County Board, the Chairperson of Administration Committee and the Chairperson of the committee of jurisdiction, or in the absence of any chairperson, the vice chairperson, shall immediately meet with the Corporation Counsel, or in his/her absence, an Assistant Corporation Counsel, to determine whether an emergency exists requiring the immediate retainer of independent legal counsel. If such determination is made, the County Board Chair is authorized to make such retainer. The Chair shall thereafter inform the members of the County Board in writing. The retainer shall remain in effect until it is reviewed and approved at the next meeting of the County Board.
[Amended 2-19-2019 by Res. No. 21-2019 (Ord. No. 4-2019), effective 3-2-2019]
Interest/Grievance Mediation and Arbitration. After consulting with the Labor Relations and Employee Services Committee and Corporation Counsel, or in his/her absence, an Assistant Corporation Counsel, the Director may retain independent legal counsel to assist in collective bargaining under §§ 111.70 and 111.77, Wis. Stats., and in workers compensation and employment discrimination matters.
Board of Adjustment. The Corporation Counsel shall represent the Board of Adjustment except when there is a conflict of interest resulting from his/her representation of the County in a matter before the Board. In such event, the Board of Adjustment may retain independent legal counsel upon approval of the Administration Committee.
[Amended 2-19-2019 by Res. No. 21-2019 (Ord. No. 4-2019), effective 3-2-2019]
Outside of County. For participation by Oneida County as a party-plaintiff or party-intervener in any action having a venue outside of Oneida County, the County Board shall first authorize the same. In the event the committee of jurisdiction determines that an emergency exists requiring the County to proceed as such party-plaintiff or party-intervener, the Committee may authorize the same subject to the requirement that it shall immediately submit a written report to the County Board for review and approval to continue such participation.
[Retaining an Attorney.] The County Board may retain an attorney to perform the duties of the Corporation Counsel as the need arises pursuant to § 59.42 (3), Wis. Stats. In the event a determination is made under Subsections (1) and (2) above to retain outside legal counsel, consideration shall be given to the availability of qualified counsel approved by the County's insurance carrier through any existing legal expense coverage endorsement to the County's liability policy.