Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-14-1983; as amended through 6-9-1986 (subsequent amendments noted where applicable)]
As used in this article, the following terms shall have the meanings indicated:
DEPUTY LEGAL CUSTODIAN
The chief administrative officer of a department or operational unit within the Village and shall include without limitation the Village Clerk, the Police Chief and the Fire Chief. A deputy legal custodian ordinarily has direct control and custody of records pertaining to his/her respective area of responsibility and expertise.
LEGAL CUSTODIAN
The Village Manager.
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 a department or operational unit within the Village. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "Record" does not include drafts, notes, preliminary computations and like materials prepared for an originator's personal use or prepared by an 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 the position held by a person; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of a department or operational unit within the Village which are available for sale or which are available for inspection at a public library.
[Amended 12-11-2000]
A. 
The Village Manager or, in his/her absence, disability or in case of vacancy, the appropriate deputy legal custodian acting in place of the Village Manager under circumstances described in Subsection E(4) hereafter is hereby designated the legal custodian of Village records.
B. 
Unless otherwise prohibited or restricted by law, the Village Manager shall act as legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Village Board.
C. 
The legal custodian, or the deputy legal custodian substituting for the legal custodian in accordance with Subsection E(4) hereafter, shall have full legal power to render decisions and to carry out the duties of an authority under §§ 19.31 to 19.39, Wis. Stats., and this article.
D. 
The designation of a legal custodian does not withdraw, lessen or diminish the powers and duties of any administrative officer of a department or operational unit within the Village, except that the final authority to withhold access to any public records from any member of the public must be exercised by the legal custodian, except as provided in Subsection E(4) below.
E. 
The chief administrative officer of every Village department or operational unit, including, but without limitation, the Village Clerk, the Police Chief and the Fire Chief, is hereby designated to be a deputy legal custodian who shall make determinations with respect to requests for access to records as follows:
(1) 
Each deputy legal custodian may, without prior consent of the legal custodian, permit access to public records within his/her control, custody and expertise provided he/she determines that such records can be accessed by the public.
(2) 
Each deputy legal custodian who determines that access to a particular public record should not be granted shall make a recommendation to the legal custodian communicating the demonstrative reasons for the need to restrict access. Thereafter, it shall be the responsibility of the legal custodian to accept or reject such advice. Upon making a final determination, the legal custodian shall communicate his/her determination to the requester in accordance with § 19.35(4), Wis. Stats.
(3) 
In making the final determination, the legal custodian may inspect the records being sought and shall receive all assistance and advice as may be required from any Village employee or agent in the process of formulating a determination as to a request for access to records.
(4) 
In the event that the Village Manager is unavailable as provided in Subsection A above, the deputy legal custodian shall perform the duties of the legal custodian as required by this article, except that no internal recommendation to another party is required as provided in Subsection E(2) since in such cases the deputy legal custodian makes the determination as to access.
A. 
Records will be available for inspection and copying during all Village Hall business hours (9:00 a.m. to 4:00 p.m.).
B. 
The legal custodian may, in his/her discretion, require supervision during inspection or may impose other reasonable restrictions on the manner of access to records.
C. 
A requester shall be charged a fee to defray the cost of copying records as follows:
(1) 
The cost of copying shall be as follows:
(a) 
Public records: $0.25 per page.
[Amended 12-18-2007]
(b) 
Photographs: actual full cost, plus cost of delivery and pickup if commercially reproduced.
[Amended 12-11-2000]
(2) 
If the form of a record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.
(3) 
The actual full cost of providing a copy of other records not in printed form on paper, such us films, computer printouts and audio or video tapes, shall be charged.
(4) 
If mailing or shipping is necessary, the actual cost thereof shall also be charged.
(5) 
There shall be no charge for locating requested records unless the actual cost therefor exceeds $50, in which case the cost shall be estimated by the legal custodian and collected in advance from the requester. The legal custodian shall have discretion to construe to a series, scheme or pattern of requests for records made in the form of individual requests as if only one request for records had been made for purposes of calculating the locating costs. Multiple requests for records may be treated as a singular request, provided the legal custodian can reasonably demonstrate a substantial degree of similarity among the requests with respect to subject matter, timing of the requests, continuity of the requests, source of the request and focus of the requests.
(6) 
The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds $5. No charges will be assessed for any request under $3.
[Amended 12-18-2007]
D. 
There shall be posted in the lobby of the Village Hall a notice which shall list:
(1) 
The name of the legal custodian.
(2) 
The names of the deputy legal custodians and general description of records under their control.
(3) 
A listing of inspection hours.
(4) 
A fee schedule for copies of records.
A. 
A request to inspect or copy a record shall be made to the legal custodian or deputy legal custodian. A request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A requester may be required to show acceptable identification whenever security reasons or federal law or regulations so require.
B. 
The legal custodian, upon request for any record, shall, as soon as practicable, either fill the request or notify the requester of the determination by the legal custodian to deny the request in whole or in part and the reasons therefor. If the legal custodian determines that a written request is so general as to be unduly time-consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance.
C. 
A request for a record may be denied as provided in § 65-5. Every written denial of a request 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 the District Attorney.
A. 
As provided by § 19.36, Wis. Stats., the following records are exempt from inspection under this section:
(1) 
Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law;
(2) 
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 of Wisconsin;
(3) 
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; and
(4) 
A record or any portion of a record containing information qualifying as a common law trade secret.
(5) 
Access to or copies of plans and/or construction documents of any Village-owned or-leased structure, including fixtures and structures relating to municipal water, storm surface water, sanitary sewer facilities, public utilities, including gas pipelines, petroleum lines, transformer box substations, communication fixtures and facilities, and all buildings over 40,000 square feet are not subject to open record in order to protect public safety.
[Added 12-18-2007]
B. 
As provided by § 43.30, Wis. Stats., Village public library circulation records are exempt from inspection under this section.
C. 
In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after consultation with the deputy legal custodian as provided in § 65-2E(2) above and with the Village Attorney, may deny the request, in whole or in part, only if he or she 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:
(1) 
Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
(2) 
Records of current deliberations after a quasi-judicial hearing.
(3) 
Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance or discipline of any Village officer or employee or the investigation of charges against a Village officer or employee.
(4) 
Records concerning current strategy for crime detection or prevention.
(5) 
Records of current deliberations or negotiations on the purchase of Village property, investing of Village funds or other Village business whenever competitive or bargaining reasons require nondisclosure.
(6) 
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.
(7) 
Communications between legal counsel for the Village and any officer, agent or employee of the Village when advice is being rendered concerning strategy with respect to current litigation in which the Village 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.
D. 
If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record for release. If in the judgment of the custodian there is no 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.
Unless otherwise provided by law, the provisions of Article II of this chapter shall control maintenance and the destruction of public records.
[Adopted 2-12-1996]
The purpose of this article is to establish a Village records retention schedule and authorize destruction of Village records pursuant to the schedule on an annual basis. Records 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., and under this article.
The State Historical Society of Wisconsin (SHSW) has waived the required sixty-day statutory notice under § 19.21(5)(d), Wis. Stats., for the records in § 65-12 of this article marked "W" which designates "waived notice." The SHSW must be notified prior to destruction of records marked "N" designating nonwaiver. "N/A" indicates "not applicable" and applies to all records designated for permanent retention. Notice to the SHSW is also required for any other record not specifically listed in this article.
Village records may be kept and preserved on microfilm or optical disk provided the applicable standards established in § 16.61(7), Wis. Stats., are met. Factors such as retention periods and estimated costs and benefits of converting records between different medias should be considered in deciding whether or not to preserve on microfilm or optical disk. The retention periods identified in this article apply to records in any media.
Where a request for inspection of public records has been made under Wisconsin's Public Records Law (§§ 19.31 to 19.37, Wis. Stats.), no requested record may be destroyed until after the request is granted or for 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.
No record known to be the subject of litigation shall be destroyed until the litigation has been resolved.
[Amended 12-18-2007]
A. 
The following records shall be maintained for the periods indicated.
[Amended 4-22-2008; 2-22-2016]
Legend:
"CR" means time is counted from creation or receipt of the record.
"EVT" means an event such as closing of a contract, termination of an employee, filing a lawsuit or writing a ticket. Time is counted from the date of this significant event.
"FIS" means current fiscal year and the additional amount of time indicated.
"W" means the notice requirement has been waived.
Record
Retention
Period
Notice
Requirement
General Government Records
Village Board records
Minute book
Permanent
N/A
Ordinances
Permanent
N/A
Resolutions
Permanent
N/A
Ordinance book
Permanent
N/A
Affidavits of publication or posting (ordinances)
Permanent
N/A
Affidavits of publication or posting (other)
EVT + 3 years
W
License and Permit Records
License applications (liquor and beer)
EVT + 4 years
W
License applications (all other)
EVT + 3 years
W
Receipts
EVT + 7 years
W
License stubs (liquor and beer)
EVT + 4 years
W
License stubs (other)
EVT + 3 years
W
Monthly report of dog licenses to County Clerk
EVT + 3 years
W
Election Records
Contents of a blank ballot box, unused ballots and materials
EVT + 3 business days after the canvas is completed
W
Voter serial number slips
EVT + 3 business days after the canvas is completed
W
Voting machine recorders
EVT + 14 days after a primary (21 days after an election)1
W
Detachable recording units on electronic voting equipment
EVT + 14 days after a primary (21 days after an election)2
W
Ballots (state, county, local)
EVT + 30 days after the election
W
Ballots (federal offices)3
EVT + 22 months after election
W
Applications for absentee ballots (for federal election ballots)
EVT + 90 days after the election (22 months after the election for federal offices)
W
Forms associated with election such as tally sheets, inspector's statements and nomination papers
EVT + 90 days after the election (22 months after the election for federal offices)
W
Official canvas statements
EVT + 10 years after the election
W
Registration and poll lists, nonpartisan primaries and elections
EVT + 2 years after the election for which they were created
W
Registration and poll lists, partisan primaries and general elections
EVT + 4 years after the election for which they were created
W
Canceled registration cards
EVT + 4 years (after cancellation)
W
Election notices
EVT + 1 year after the election (22 months for federal election)
W
Proofs of publication and posting and correspondence relative to publications and posting
EVT + 1 year after the election (22 months for federal election)
W
Campaign registration statements
EVT + 6 years after termination by the registrant
W
Campaign finance reports
EVT + 6 years after date of receipt
W
Finance Records
Receipt journal
FIS + 15 years
W
General journal
FIS + 15 years
W
Journal voucher
FIS + 15 years
W
Appropriation journal
FIS + 15 years
W
Appropriation journal voucher
FIS + 15 years
W
General ledger
FIS + 15 years
N
Trial balances
Until audited
W
Cash book
EVT + 15 years
W
Daily cash drawer reconciliations
EVT + 1 year
Duplicate deposit tickets
EVT + audit + 1 year
W
Bank credit/debit notices
EVT + audit + 1 year
W
Bank reconciliations
FIS + 7 years
W
Bank statements
FIS + 7 years
W
Investment records
FIS + 7 years
W
Check register
FIS + 7 years
W
Payroll Records
Payroll support records
EVT + audit + 2 years
W
Employee's withholding allowance certificate
EVT + 5 years after being superseded
W
Employee's Wisconsin withholding exemption certificate
EVT + 5 years after being superseded
W
Employee enrollment and waiver cards for insurance plans and other elective programs
Termination/ superseded + 2 years
W
Employee earning records
EVT + 5 years
W
Payroll check register
Annual audit + 5 years or 7 years if no audit
W
Payroll distribution record
Annual audit + 5 years or 7 years if no audit
W
Payroll voucher
EVT + 5 years (if audited) (7 years if no audit)
W
Canceled payroll checks
EVT + 5 years (if audited) (7 years if no audit)
W
Wage and tax statement
EVT + 5 years (if audited) (7 years if no audit)
W
Report of Wisconsin income tax withheld
EVT + 5 years (if audited) (7 years if no audit)
W
Employer's annual reconciliation of Wisconsin income tax withheld from wages
EVT + 5 years (if audited) (7 years if no audit)
W
Federal deposit tax stubs
EVT + 5 years (if audited) (7 years if no audit)
W
Quarterly report of federal income tax withheld
EVT + 5 years (if audited) (7 years if no audit)
W
Annual report of federal income tax withheld
EVT + 5 years (if audited) (7 years if no audit)
W
State's quarterly report of wages paid
EVT + 5 years (if audited) (7 years if no audit)
W
Monthly memorandum report
EVT + 5 years (if audited) (7 years if no audit)
W
Quarterly report, payroll summary
EVT + 5 years (if audited) (7 years if no audit)
W
Premium-due notices
EVT + 5 years (if audited) (7 years if no audit)
W
Change in employee status
EVT + 5 years
W
All receipts of current billings
FIS + 2
W
Purchasing Records
Purchase requisitions
EVT + 1 year
W
Bids, unsuccessful
EVT + 1 year after purchase order issued
W
Bids, successful
Contract termination + 7 years
W
Inventory of property
Until superseded
W
Budget and Audit Records
Budget worksheets
FIS + 3 years
W
Final budget
Permanent
N/A
Audit reports
Permanent
N/A
Property Assessment Records
Master property record folders
Life of structure + 5 years
N
Index to owners
Until superseded
W
Building permit applications
Transfer to master property record + 1 year
W
Plats
Permanent
N/A
Certified survey maps
Permanent
N/A
Assessor's plats
Permanent
N/A
Aerial photographs
Until superseded
W
Tax exemption reports
EVT + 10 years
W
Notice of increased assessment (no appeal)
EVT + 5 years
W
Notice of increased assessment (appealed)
Completion of appeal process + 7 years
W
Assessor's final report supplement
EVT + 5 years
W
Assessor's final report
EVT + 5 years
W
Statement of assessment
Life of assessment roll
W
Final statement of assessment
Permanent
N
Final real property assessment roll
EVT + 15 years
W
Occupational tax returns
EVT + 5 years
W
Merchants' professions' statement of property
EVT + 5 years
W
Personal property worksheets/ farmers and personal property not used for the production of income
EVT + 5 years
W
Report of inventory location
EVT + 5 years
W
Assessor's personal property summary worksheet
EVT + 5 years
W
Assessor's final report
EVT + 5 years
W
Final personal property assessment roll
EVT + 15 years
N
Board of Review Records
Objection to property assessment and supporting documentation
Final action by Board or completion of appeal + 7 years
W
Minute book
EVT + 7 years
N
Proceedings of Board of Review on audio tape or stenographic notes including transcriptions
Final action/ completion of appeal + 7 years
W
Notice of determinations
EVT + 7 years
W
Special Assessment Records
Preliminary resolution
CR + 2 years
W
Special assessments final resolution
Permanent
N/A
Certified special assessment roll
Until fully collected or 7 years, whichever is longer
W
Waiver of special assessment notice and hearing
Final resolution + 1 year
W
Statement of new special assessments
EVT + 5 years
W
Special assessment payment register
EVT + time for collection of all assessments
W
Public Works Contract Records
Notice to contractors (successful bidders)
EVT + 7 years
W
Notice to contractors (unsuccessful bidders)
EVT + 2 years
W
Bid bond (successful bidders)
Project completion + 7 years
W
Bid bond (unsuccessful bidders)
EVT + 2 years
W
Bidder's proof of financial responsibility (successful bidders)
Project completion + 7 years
W
Bidder's proof of financial responsibility (unsuccessful bidders)
EVT + 2 years
W
Bids (successful bidders)
Contract life + 7 years
W
Bids (unsuccessful bidders)
EVT + 2 years
W
Master project files
20 years
N
Blueprints
Until superseded
W
As-built tracings
Life of project
N
Street and Highway Records
Street operations file
EVT + 2 years
W
Street and sidewalk maintenance and repair records
EVT + 25 years
W
Stock control records
Audit + 2 years
W
Fuel usage reports
EVT + 2 years
W
Heavy equipment and vehicle inventory ledger
Life of equipment and/or vehicle or until inventory ledger is superseded
W
Vehicle maintenance history
Life of vehicle
W
Vehicle expense reports
Life of vehicle
W
Vehicle usage reports
Audit + 2 years
W
Building Permit and Inspection Records
Applications and permits
Permanent
N/A
Code compliance inspection reports
Permanent
N/A
Inspection address file
Permanent
N/A
Certificates of occupancy
Until superseded
W
State-approved commercial building plans
EVT + 4 years
N
Permit fee receipts
EVT + 7 years
W
Permit ledger
EVT + 7 years
W
Village Attorney's case file, copies
Case closure + 1 year
W
Quarter section maps, copies
Until superseded
W
Records of Board of Appeals and Plan Commission
Permanent
N/A
Contracts, leases, agreements, notices of taking bids
EVT + 7
W
Insurance contracts
Permanent
N/A
Police Department Records
Radio recordings
CR + 120 days
W
Video of patrol activities
CR + 120 days
W
Security video
CR + 7 days
W
Security photos
CR + 1 year
W
Overnight parking permissions
CR + 120 days
W
Personnel files
EVT + 8 years
W
Incidents and complaints
CR + 10 years
W
Arrest records, including support documents
EVT + 8 years
W
Traffic and parking ordinance violation citations (police files only)
EVT + 1 year (after case closed)
W
Municipal ordinance violation citations (non-traffic) (police files only)
EVT + 2 years (after case closed)
W
Traffic accident reports
EVT + 4 years
W
Juvenile violation reports
EVT + 7 years
W
Municipal Court dockets
EVT + 180 days (final decision)
W
Fine and fee collection records
CR + 3 years
W
E-mails
CR + 60 days
W
Correspondence
CR + 7 years
W
Bicycle licenses
EVT + 3 years
W
Administrative reports and statistics
CR + 7 years
W
Property inventory reports
EVT + 8 years
W
Calls for service logs
CR + 3 years
W
Vacant property check requests
CR + 2 years
W
Vehicle maintenance records
Life of vehicle
W
Radio logbooks
CR + 3 years
W
Informational teletype messages
CR + 30 days
W
Personnel records
EVT + 8 years
W
Citizen complaints against police officers
EVT + 8 years
W
Municipal Court Records
Municipal Court case files
EVT + 6 years after entry of final judgment
W
Audio tapes of trials and juvenile matters
Term of appeal period
W
Village Attorney file copies
Term of appeal period + 6 months
W
Municipal Court money docket
EVT + 20 years
W
Municipal Court minutes records
EVT + 5 years after entry of final judgment
W
1The Governor may by order permit the clearing of voting machine recorders before this date if a special election is called.
2Before units can be cleared or erased, the information must be transferred to a disk or other recording medium and retained for 22 months.
3Federal offices are President of the United States, United States Senator and Congress.
B. 
General retention period for records. Any record not specifically regulated by this article or any other regulation or law shall be retained for seven years unless a shorter retention period has been approved by the State Public Records and Forms Board.
C. 
Audio recordings of meetings. Notwithstanding any provision in this article to the contrary, pursuant to § 19.21(7), Wis. Stats., any tape recording of any meeting may be destroyed no sooner than 90 days after the minutes have been approved (and published or posted where required by the Wisconsin statutes) if the purpose of the recording was to make minutes of the meeting.
[Amended 4-22-2008]
This article has been reviewed and approved by the Public Records and Forms Board of the State of Wisconsin on November 15, 1995.