[Amended by Ord. No. 113-91; Ord. No. 03-2001; Res. No. 147-2004; Ord. No. 69-2005; Ord. No. 11-2006; Res. No. 37-2009; Res.
No. 75-2016; 8-20-2019 by Res. No. 67-2019 (Ord. No. 15-2019), effective 8-29-2019; 11-10-2020 by Res. No. 87-2020, effective 11-24-2020; 2-16-2021 by Res. No. 26-2021, effective 3-2-2021]
(1)
Display of Procedural Information. As required by Wisconsin Statute,
each designated legal custodian of public records retained by Oneida
County government shall prominently display a notice for the guidance
of the public, containing a description of its organization and the
established times and places at which, 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.
(2)
Responding to Requests for Public Records. In responding to the request
for public records, the legal custodian shall follow any applicable
state and federal statutes and County policies. The legal custodian
may seek the assistance of the County Corporation Counsel in responding
to any request for public records. No records custodian will unlawfully
discriminate against any public records requester.
(3)
Records Retention Schedule.
(a)
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.
(b)
LEGAL CUSTODIAN
RECORD
Definitions.
See § 1.30(2) of this subchapter.
See § 1.30(1)(b) of this subchapter.
(c)
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.
(d)
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.
(e)
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.
(f)
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.[1]
[1]
Editor's Note: Former Subsections (3)(g) through (ee), regarding
records retention for various County departments, as amended 8-17-2021 by Res. No. 83-2021, effective 9-3-2021, which immediately followed this subsection,
were repealed 8-16-2022 by Res. No. 88-2022, effective 9-13-2022.
See now Subsections (3)(g), (h) and (i), below.
(g)
Adoption of Retention and Disposition Schedules. The County adopts,
and incorporates by reference, the General Records Schedule identified
as County Records Retention/Disposition Schedule approved by the State
of Wisconsin Public Records Board as of May of 2010 and any subsequent
extensions, amendments or resubmissions hereto.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]
(h)
Incorporation by Reference. The County Records Retention/Disposition Schedule shall be subject to § 25.03 of the Oneida County Code.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]
(i)
Notification of Adoption. The County Board Chair and County Clerk
are authorized to provide notification of adoption to the State of
Wisconsin Public Records Board and the Wisconsin Historical Society
for the current County Records Retention/Disposition Schedule and
any future amendments, revisions, modifications, repeals and recreations
or creations of the schedule.
[Added 8-16-2022 by Res. No. 88-2022, effective 9-13-2022]
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.
(1)
Establishment. Pursuant to Resolution No. 12-72, dated February 15,
1972, the County establishes the Oneida County Junior Fair.
(2)
Administration. The Junior Fair shall be administered by a Board
of Directors consisting of members of all youth groups in the County.
(3)
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:
Medical Examiner
District Attorney
Chief of Police of the City of Rhinelander
[Amended by Ord. No. 83-95; Ord. No. 22-97; Ord. No. 01-2002]
(1)
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.
(2)
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.
(3)
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
(1)
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.
(2)
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.
(3)
Goals and Objectives.
(a)
The primary objectives of Oneida County investment activities shall
be the following in order of importance:
1.
Safety. The safety of the principal shall be the foremost objective.
2.
Liquidity. Funds shall be invested to provide sufficient liquidity
to meet all reasonably anticipated disbursement requirements; and
3.
Yield. Funds shall be invested to maximize return consistent with
the objectives in Items 1 and 2 and other limitations described in
this policy.
(4)
Delegation of Authority.
(a)
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.
(b)
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.
(c)
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.
(5)
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."
(6)
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.
(7)
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.
(8)
Permitted Investments.
(a)
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:
1.
Securities issued or guaranteed as to principal and interest by the
U.S. Government or agencies thereof.
2.
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.
3.
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.
4.
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.
5.
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.
6.
No-load money market mutual funds whose investments are limited to
those meeting the above criteria in compliance with § 66.0603.
7.
The State of Wisconsin Local Government Investment Pool (LGIP).
(9)
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.
(10)
Maturities.
(a)
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.
(b)
No individual issue shall exceed five year(s) in maturity from
the date of purchase.
(c)
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.
(11)
Liquidity. All securities must be readily marketable to ensure adequate
portfolio liquidity.
(12)
Reporting.
(a)
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.
(b)
Auditor/Finance Director. It will be the responsibility of the
Auditor/Finance Director to establish and maintain records and accounts
to:
(c)
[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]
(1)
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.
(a)
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]
(b)
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.
(c)
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]
(2)
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.
(3)
[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.
