[Adopted by Ord. No. 82-3; amended by Ord. No. 97-4]
As used in this article, the following terms
shall have the meanings indicated:
Any of the following having custody of a record: an office,
elected official, agency, board, commission, committee, council, department
or a formally constituted subunit of Pierce County.
Those materials identified at § 19.32(2), Wis.
Stats.
Any person who requests inspection or copies of a record.
A.
An elected official is the legal custodian of his
or her records and of the records of his or her office, but the official
may designate an employee to act as the legal custodian.
B.
The County Clerk or the Clerk's designee shall act
as legal custodian for the County Board and for any committees, commissions,
boards or authorities created by the County Board.
D.
Each legal custodian shall name a person to act as
legal custodian in his or her absence or the absence of his or her
designee. This subsection does not apply to members of the County
Board.
A.
Except as provided in § 36-5, any person has a right to inspect a record and to make or receive a copy of any record as provided in § 19.35(1), Wis. Stats.
B.
Records will be available for inspection and copying
during all regular office hours.
C.
If regular office hours are not maintained at the
location where records are kept, the records will be made available
upon at least 48 hours' written or oral notice of intent to inspect
or copy.
D.
Each authority shall provide any person who is authorized
to inspect or copy a record pursuant to § 19.35(1)(a), (am),
(b) or (f), Wis. Stats., or any person who is authorized to and requests
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. The county is not required
by this subsection to purchase or lease photocopying, duplication,
photographic or other equipment or to provide a separate room for
the inspection, copying or abstracting of records.
E.
The legal custodian may require supervision during
inspection or may impose other reasonable restrictions on the manner
of access to an original record if the record is irreplaceable or
easily damaged.
F.
Each authority shall impose a fee upon the requester
of a copy of record which may not exceed the actual, necessary and
direct cost of reproduction and transcription of the record unless
a fee is otherwise specifically established or authorized to be established
by the law. The cost of photocopying, photographing or otherwise reproducing
records of the county shall be determined on at least an annual basis
by the County Clerk, who shall post a notice of said charges in his
office. Charges for photocopying and other forms of reproduction which
cannot be calculated in advance shall be imposed on an actual cost
basis.
G.
Except 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.
H.
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.
I.
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.
J.
Each authority shall require prepayment by a requester
of any fees imposed under this section if the total amount exceeds
$5.
K.
Pursuant to § 19.34, Wis. Stats., and the
guidelines therein listed, the county shall adopt, prominently display
and make available for inspection and copying at its offices, for
the guidance of the public, a notice containing 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 cost thereof. Each authority
shall also post a copy of the notice at its offices.
A.
A request to inspect or copy a record shall be made to the legal custodian responsible for maintenance of the record in question. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, 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 request may be made orally, but a request must be in writing before an action to enforce the request is commenced under § 19.37, Wis. Stats. Except as provided in § 19.35(1)(i), Wis. Stats., no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request, nor may any request be refused because the request is received by mail, unless prepayment of a fee is required under § 36-3J. A requester may be required to show acceptable identification whenever security reasons or federal law or regulations so require.
B.
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.
C.
A request for a record may be denied as provided in § 36-5. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. 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 by mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.
A.
As provided by § 19.36, Wis. Stats., the
following records are exempt from inspection:
(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
of receipt of aids by the state.
(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 the right of examination and copying,
except as otherwise provided by § 19.35(1), Wis. Stats.
(4)
A record of any portion of a record containing information
qualifying as a trade secret.
(5)
Information contained in a record that is not subject
to disclosure under § 19.35(1)(a) or (am), Wis. Stats.,
shall be deleted from a record prior to its release.
(6)
Subject to § 19.36(7), Wis. Stats., and
the exceptions set forth therein, the identities of applicants for
public positions.
(7)
Subject to § 19.36(8), Wis. Stats., and
the exceptions set forth therein, the identities of law enforcement
informants.
B.
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 County Corporation Counsel,
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
or if a specific statute authorizes its nonrelease.
No authority may destroy any record at any time
after the receipt of a request for inspection or copying of the record
under § 19.35(1), Wis. Stats., until after the request is
granted or until at least 60 days after the date that the request
is denied. If an action is commenced under § 19.37, Wis.
Stats., the requested record may not be destroyed until after the
order of the court in relation to such record is issued and the deadline
for appealing that order has passed or, if appealed, until after the
order of the court hearing the appeal is issued. If the court orders
the production of any record and the order is not appealed, the requested
record may not be destroyed until after the request for inspection
or copying is granted.
No elected official is responsible for the record
of any other elected official unless he or she has possession of the
record of that other official.
All county records for which a specific retention
period is not established in state statutes, Administrative Code,
federal law or regulation shall be retained by the county for a period
of not less than seven years, unless another retention period is designated
in this article.
No record subject to pending litigation, other than that described in § 36-6, or audit shall be destroyed until the litigation or audit has been resolved.
All departments may keep and preserve public
records through the use of microfilm or optical disk storage, provided
that the applicable standards established in §§ 16.61(7)
and 16.612, Wis. Stats., respectively, are met. Departments should
consider factors such as retention periods and estimated costs and
benefits of converting records between different media in deciding
which records to microfilm or store on optical disk. After verification,
paper records converted to either microfilm or optical disk storage
should be destroyed. The retention periods identified in this article
apply to records in any media. For purposes of this article, records
which have been microfilmed or stored on optical disks shall be considered
to be the original records.
Obsolete, antiquated records which have no administrative
use may be destroyed upon enactment of the ordinance codified in this
article after notice to the State Historical Society of Wisconsin.
A.
Subject only to state law, which, as amended from time to time, may differ from the records retention schedule set forth herein, in which event the state law shall control, the express mention of records maintained by county departments in §§ 36-13 and 36-14 shall serve as the decision of the Board of Supervisors as to the minimum period of time during which records shall be maintained from and after their creation.
B.
Records subject to this policy shall be identified
together with notations as to the following: retention period, statutory/administrative
code authority and notification requirement.
(1)
The "retention period" shall identify the minimum
period for which a record shall be retained.
(2)
The "statutory/administrative code authority" shall
identify any guiding or controlling state law or code provisions pertaining
to retention periods for records.
(3)
The references under "notification requirement" mean
as follows: "W" means that the State Historical Society of Wisconsin
has waived the required sixty-day notice under § 19.21(5)(d),
Wis. Stats. With respect to these types of records, no prior notification
of intent to destroy the same need be given to the Society. "N/A"
means that the notification requirement to the Society is not applicable.
"N" shall mean that the Society must be notified prior to destruction
of such a record.
(4)
At the end of the established retention schedule for
a given record, the legal custodian for that record shall have the
authority to destroy the same in his/her discretion.
[Amended 4-17-2001 by Ord. No. 00-15]
The Sheriff shall maintain departmental records
in accord with the following retention schedule:
|
Type of Record
|
Retention Period
|
Statutory/Administrative Code Authority
|
Notification Requirement
|
|---|---|---|---|
|
Jail
| |||
|
Dockets, daily jail records and
cash books
|
8 years
|
§ 59.27(8), Wis. Stats.
|
N
|
|
Check book, commissary records
|
7 years
|
W
| |
|
Inmate meal records
|
7 years
|
W
| |
|
Inmate request forms
|
7 years
|
W
| |
|
Bond receipts
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Inmate files, disciplinary forms,
Huber work records, information sheet, visitation card, mail card,
court orders, jail and Huber rules, correspondence papers
|
8 years after release of inmate
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Medical records
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Daily jailer log
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Sign in/out sheets
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Daily inmate roster
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Maintenance logs
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Daily jail log
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Inmate photos and photo records
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Booking sheet
|
Permanent
|
N/A
| |
|
Dispatch
| |||
|
Radio logs
|
7 years
|
W
| |
|
Shift logs
|
7 years
|
W
| |
|
Audio tapes*
|
120 days
|
W
| |
|
Patrol
| |||
|
Incident reports
|
10 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Evidence records
|
10 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Wisconsin accident report
|
8 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
Work schedules
|
7 years
|
W
| |
|
Uniform traffic
|
1 year after closed, disposed or voided
|
W
| |
|
Vehicle maintenance records
|
Life of equipment
|
W
| |
|
Civil process papers
|
7 years
|
W
| |
|
Incident photographs/ negatives
|
10 years
|
§ 59.27(8), Wis. Stats.
|
W
|
|
NOTES:
| |||
|
* For the purposes of this section,
"audio tapes" shall include all recordings of communications made
through the county-wide 911 dispatch system.
| |||
The Register of Deeds and Land Information Office
shall maintain records in accord with the following retention schedule:
|
Type of Record
|
Retention Period
|
Statutory/Administrative Code Authority
|
Notification Requirements
|
|---|---|---|---|
|
Obsolete documents per-taining to chattels,
including final books of entry
|
6 years
|
§ 59.43(12), Wis. Stats.
|
W
|
|
Plats
|
Permanent
|
N/A
| |
|
Assessors plats
|
Permanent
|
N/A
| |
|
Aerial photographs
|
Until superseded
|
N
| |
|
Certified surveys; plats of survey
|
Permanent
|
N/A
| |
|
Final real property assessment roll
|
15 years; no assessment roll containing forest
crop acreage may be destroyed without prior approval of the Secretary
of Revenue
|
§ 59.52(4)(b), Wis. Stats.
|
N
|
|
Deeds, mortgages, maps; instruments of writing
authorized by law and indexes of the same
|
Permanent
|
§ 59.43(1), Wis. Stats.
|
N/A
|
|
UCC statewide lien system (computer)
|
Permanent
|
§ 409.410, Wis. Stats.
|
N/A
|
|
Marriage, death and birth records and indexes
|
Permanent
|
§ 59.43(1)(h), Wis. Stats.,
|
N/A
|
|
1/4 section maps
|
Until next set of maps is received
|
W
| |
|
Military discharges
|
Permanent
|
N/A
| |
|
Tax receipts; other records from Treasurer
|
15 years
|
§ 59.52(4)(a)14 Wis. Stats.
|
W
|
|
UCC Form 11, hard copy
|
2 years
|
N/A
| |
|
U.S. Geological Survey of maps is received
|
Until next set
|
W
| |
|
Section corner monument location documentation
|
Permanent
|
§ 59.45(1)(a), Wis. Stats.
|
N/A
|
|
Financing statements
|
5 years from date of filing or from continuation
of filing
|
§ 406.403, Wis. Stats.
|
W
|
