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Town of Fulton, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 3, Part A of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Public buildings and land — See Ch. 344.
The Town Board of the Town of Fulton has the specific authority, powers and duties, pursuant to §§ 19.21, 19.22, 19.23, 19.31, 19.33, 19.34, 19.35, 19.36, 19.37, 19.84, 19.85, 60.22 and 60.83, Wis. Stats., to manage and direct certain affairs related to Town of Fulton public records and Town of Fulton public property.
The Town Board of the Town of Fulton has, by adoption of this chapter, confirmed the specific statutory authority, powers and duties in Chapters 19 and 60, Wis. Stats., and has established by these chapters and this chapter the statutory powers and duties of the Town Board of the Town of Fulton related to Town of Fulton records and Town of Fulton property.
All public records and public properties belonging to the Town of Fulton, including records and public properties of officers, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Fulton, shall be safely kept, properly maintained and carefully preserved by the legal custodian thereof when:
A. 
These officers, employees or agents receive custody of the public records and public property from their predecessor or other persons.
B. 
These public records and public properties are required by state law or by Town of Fulton ordinance to be filed, deposited or kept in the offices of these officers, employees or agents.
C. 
These public records and public properties are in lawful possession of these officers, employees or agents or the possession or control of which these officers, employees or agents may be lawfully entitled to by state law or by Town of Fulton ordinance.
All public records and public properties of the Town of Fulton, including records and properties of offices, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Fulton, shall be delivered by the officer, employee or agent of these Town of Fulton government units to the successor officer, employee or agent of these Town of Fulton government units upon demand by the officer, employee or agent of these Town of Fulton government units, upon expiration of the officer's term of office, upon the expiration of the employee's term of employment or upon the expiration of the agent's term of agency with the Town of Fulton, or upon the vacancy of the office. Upon death, the legal representative shall be responsible to deliver such public records or public properties upon demand to the successor of the deceased. The successor officer, successor employee or successor agent of these Town of Fulton government units shall acknowledge receipt of the public records and public properties and shall provide a receipt to the officer, employee, agent or legal representative. The officer, employee, agent or legal representative shall file a copy of such receipt with the Town Clerk/Treasurer of the Town of Fulton. If a vacancy occurs before a successor is qualified, employed or retained by the Town of Fulton, such public records and public properties shall be delivered to the Town Clerk/Treasurer of the Town of Fulton. The Town Clerk/Treasurer of the Town of Fulton shall acknowledge receipt and shall provide a receipt to the officer, employee, agent or legal representative. The Town Clerk/Treasurer of the Town of Fulton shall receipt these public records and public properties on behalf of the successor and these public records and public properties shall be delivered by the Town Clerk/Treasurer of the Town of Fulton to the successor upon the latter's receipt of office, employment or retention with the Town of Fulton.
A. 
Custodian of record.
(1) 
The below-noted offices, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Fulton have designated the below noted as legal custodians of their public records: Town of Fulton Clerk/Treasurer
(2) 
If no offices, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Fulton have been designated for any particular public records, then the legal custodian for those records shall be the Town Clerk/Treasurer of the Town of Fulton or, if by ordinance, another officer of the Town of Fulton.
(3) 
The deputy custodian for any public record of the above-noted offices, committees, commissions, agencies, authorities, boards or other special government units shall be the below noted: Town Board Chair of the Town of Fulton.
B. 
Record location.
(1) 
The Town Board of the Town of Fulton, for the below-noted offices, special offices, committees, commissions, agencies, authorities, boards or other special government units of the Town of Fulton, declares, by this chapter, that its offices, special offices, committees, commissions, agencies, authorities, boards or other special government units or their legal custodians have regular office hours to allow for inspection of records. The Town of Fulton has an office at 2738 West Fulton Center Drive which is staffed, as is reasonably practical, during business hours; the days and times are posted at that location.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
If no regular hours exist, any person seeking a public record must provide at least 24 hours' advance written notice to the legal custodian if a regular schedule of two consecutive hours per week has been established and noticed by a custodian in which access to the public record is permitted.
(3) 
If no regular schedule and no regular office hours are established as noticed above, then access to public records shall be permitted upon at least 48 hours' written or oral notice by the person seeking the records to the legal custodian stating his or her intent to inspect specific records with those records so described.
C. 
Access to records.
[Amended 2-10-2000]
(1) 
The legal custodian of any public record or the above-noted offices, special offices, committees, commissions, agencies, authorities, boards or any other special government units of the Town of Fulton shall provide to any person the right to inspect any public record except if, as indicated by Subsection C(3) below, specific statute, this chapter or where the similar public policy based on the exemptions in § 19.85, Wis. Stats., should allow the legal custodian to restrict public access to these records. The legal custodian, when claiming a specific exemption for denying access to public record, must make a specific demonstration to the person demanding access that there is a need to restrict public access at the time of the request for access to the public record. If and when the need to restrict the public record from public access has been eliminated, then the legal custodian must provide public access to the record. The legal custodian shall provide adequate security and restrictions for the public record when and if the legal custodian determines the record must be restricted from public access.
(2) 
The specific exemptions that may allow the legal custodian to restrict public access to records include, but are not limited to, those public policy exemptions for closing meetings listed in § 19.85, Wis. Stats.
(3) 
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis; except, however, that the information may be revealed to and used by persons in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), Wis. Stats., unless a court determines that it is inaccurate, is, per § 70.47(7)(af), Wis. Stats., not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.
D. 
Copying/photographing public records.
(1) 
The legal custodian shall comply with the provisions of § 19.35, Wis. Stats., relating to allowing a person access to a public record to allow copying or photographing of a written public record, an audiotape, a videotape or a record to be published for later sale and distribution. The legal custodian may demand a specific written request of the person requesting the public record wherein the request will reasonably describe for the legal custodian the requested record. The request must have a reasonable limitation as to the subject matter or to the length of time represented by the record. If the legal custodian does not believe the request for the public record is sufficiently limited, the legal custodian shall notice or attempt to notice the requesting person that further subject matter or time limitations must be provided before the public record request can be fully met. The legal custodian cannot request the name of the requesting person or the reasons for the need to access the public record except if the legal custodian keeps the public record at a private residence or if the legal custodian, for security reasons, believes identification is necessary and appropriate or except if federal law and regulations require identification of the requesting person.
(2) 
The legal custodian may require supervision during the inspection and copying of any public record and may impose reasonable restrictions in the manner of access to certain records if the records are irreplaceable or easily damaged.
(3) 
The Town Board of the Town of Fulton is not required to purchase or lease for any requesting person any equipment or facilities for photocopying, photographing or other copying.
E. 
Fees.
(1) 
The Town of Fulton may charge the actual, necessary and direct reproduction costs for a copy of a record. The amount of said costs is as set forth in the schedule established by the Town Board on file in the office of the Town Clerk/Treasurer.
(2) 
The Town Board of the Town of Fulton declares offices, special offices, committees, commissions, agencies, authorities, boards and other special government units of the Town of Fulton need not pay for copying costs for public records.
(3) 
In addition to the copying cost charge, a fee for locating the record will be charged, if the cost to locate is more than $50, and a fee may be charged for the actual necessary and direct mailing or shipping fee. The Town of Fulton may require a prepayment of the fee if the total fees established by this subsection will exceed $5.
F. 
Formal request.
(1) 
If the noted Town Board of the Town of Fulton, any offices, any special offices, any committees, any commissions, any agencies, any authorities, any boards or any other special government units of the Town of Fulton receive a request for a record, they shall as soon as practicable and without delay either fill the request or notify the requesting person to deny the request, in whole or in part, and the reason for the denial.
(2) 
If the requesting person makes the request orally, the previously noted offices, committees, commissions, boards or other special government units of the Town of Fulton may deny the request orally unless a demand for a written statement of the reason for denying the request is made by the requesting person within five business days of the oral denial.
G. 
Record destruction. The Town Board of the Town of Fulton, any officer, any office, any special office, any committee, any commission, any agency, any authority, any board or other special government units of the Town of Fulton or any officer, employee or agent of the above noted may not destroy any public record at any time after any of the above noted receive a request for inspection or copying of the record until after the request is granted or until at least 60 days after the date the request is denied. If an action is commenced under § 19.37, Wis. Stats., within 150 days after the request is denied or after the decision of the trial court, whichever is later, the requested record may not be destroyed until after the final order of the trial court and after any final appellate court. Upon order to produce the record and if the order is not appealed, the requested record may not be destroyed until after the request for inspection or copying is granted.
H. 
Limitation upon access. Prior to any public release, the legal custodian shall separate specific information and material from the public record that should not be released to the public because the release of the information or material would be prejudicial to the public interest. Specifically, certain records are exempt pursuant to § 19.36, Wis. Stats., from public release and may be withheld by the Town of Fulton from disclosure:
(1) 
Records which are specifically exempted from disclosure by federal or state law.
(2) 
Law enforcement records relating to investigations and information obtained for law enforcement purposes that are required by federal law or regulation to be withheld as a condition to receipt of aid by the state.
(3) 
Records produced or collected under a contract entered into with a private person.[2]
[2]
Editor's Note: Original § 5h(4), which immediately followed this subsection and listed materials used as input for a computer program or material produced by a computer program, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Any record or a portion of a record containing information qualifying as a common law trade secret.
(5) 
Any record not to be disclosed as a public record under the public policy provision of § 19.85, Wis. Stats., related to open meetings.
The Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Fulton and their officers, their employees and their agents of the aforesaid, prior to the destruction of any public records belonging to the Town of Fulton, noted below in § 120-7, shall provide at least 60 days' notice, in writing, to the State Historical Society of Wisconsin. The Town Board of the Town of Fulton shall not be requested, pursuant to § 19.21, Wis. Stats., to provide notice to the State Historical Society of Wisconsin if the Town Board previously, by application, has received a waiver.
A. 
Types of records destroyed. The Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board of any other special government units of the Town of Fulton and the officers, employees and agents of the aforesaid shall destroy the following public records of the Town of Fulton only upon the conditions noted below and at the time noted below:
(1) 
Obsolete utility records.
(a) 
If the Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government units of the Town of Fulton and the officers, employees or agents of the aforesaid are the legal custodians of public utility records of the Town of Fulton, if public utility records are considered obsolete, the above noted, as custodians, may destroy the following public utility records of the Town of Fulton at any time two years after the record was effective:
[1] 
Water stubs.
[2] 
Receipts of current billings.
[3] 
Customer ledgers.
(b) 
The above-noted custodians may destroy all other public utility records of the Town of Fulton at any time seven years after the record was effective, unless a shorter time period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then only after that shorter time period.
(2) 
Obsolete financial records. For all financial records of the Town of Fulton that are not utility records, the Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government unit of the Town of Fulton and the officers, employees or agents of the aforesaid, who are the legal custodians of these financial records of the Town of Fulton, if these financial records are considered obsolete, may destroy these financial records at any time seven years after the record was effective, unless a shorter time period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then only after that shorter time period.
(3) 
Other obsolete records. For all other public records of the Town of Fulton that are not utility or financial records, the Town Board of the Town of Fulton, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special government unit of the Town of Fulton and the officers, employees or agents of the aforesaid who are the legal custodians of these records of the Town of Fulton, if these records are considered obsolete, may destroy these records at any time seven years after the record was effective unless another period has been set by statute and then only after such a period, or unless a shorter time period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., and then only after that shorter time period. No assessment roll containing forest crop acreage in the Town of Fulton may be destroyed without prior approval of the Department of Revenue.
The Town Board of the Town of Fulton, any office, any special office, committee, any commission, any agency, any authority, any board or any other special government unit of the Town of Fulton and the officers, employees and agents of the aforesaid may destroy any taped records of any public meeting of the aforesaid no sooner than 90 days after the public meeting minutes have been approved by the appropriate government unit if the purpose of the tape recording was to make and maintain minutes of the public meeting.
As used in this chapter, the following terms shall have the meaning indicated:
CUSTODIAN
A person who has charge or custody of persons or things, including public records and other public property.
CUSTODY
The care and control of a person or thing, including public records and other public property.
LEGAL CUSTODIAN
A person, other than a parent or guardian, or agency to whom or to which legal custody of the child has been transferred by a court, but does not include a person who has only physical custody of the child.
LEGAL REPRESENTATIVE
A person who is the personal representative or conservator of another person.
PERSONAL REPRESENTATIVE
Any person to whom letters to administer a decedent's real estate have been granted by the court but does not include a special administrator.
TRADE SECRET
Information, including a formula, pattern, compilation, program, device, method, technique or process, to which all of the following apply:
A. 
The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
B. 
The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
[1]
Editor's Note: See also Ch. 1, § 1-6.