[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]
(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.
(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:
(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:
A person who has charge or custody of persons or things, including
public records and other public property.
The care and control of a person or thing, including public records
and other public property.
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.
A person who is the personal representative or conservator of another
person.
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.
Information, including a formula, pattern, compilation, program,
device, method, technique or process, to which all of the following apply:
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.
The information is the subject of efforts to maintain its secrecy that
are reasonable under the circumstances.
