Chapter 2.70
PUBLIC RECORDS1
Sections:
2.70.020 Duty to maintain records.
2.70.040 Public access to records.
2.70.070 Destruction of records.
2.70.010 Definitions.
“Authority” means any of the following village entities having custody of a village record: an office, elective official, agency, board, commission, committee, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted subunit of the foregoing.
“Custodian” means that officer, department head, division head, or employee of the village designated under AMC 2.70.030 or otherwise responsible by law to keep and preserve any village records or file, deposit or keep such records in his or her office, or is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.
“Record” shall have the meaning as set forth in Section 19.32(2), Wis. Stats., as amended from time to time.
“Village” shall mean the village and its administrative subunits. [Ord. dated 8/4/20 #1 § 3; Ord. dated 6/2/20 #1 § 2].
2.70.020 Duty to maintain records.
(a) Except as provided under AMC 2.70.070(d), each officer and employee of the village shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees.
(b) Upon the expiration of an officer’s term of office or an employee’s term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefor to the officer or employee, who shall file said receipt with the village clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the clerk, on behalf of the successor, to be delivered to such successor upon the latter’s receipt. [Ord. dated 8/4/20 #1 § 3; Ord. dated 6/2/20 #1 § 2].
2.70.030 Legal custodian(s).
(a) Each elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
(b) Unless provided in subsection (c) of this section, the clerk or the clerk’s designee 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. The following offices or authorities shall have as a legal custodian of records the individual so named:
|
Authority |
Designated Legal Custodian |
|---|---|
|
General records (including board records and financial records) |
Clerk |
|
Building inspector’s office |
Building inspector |
|
Fire department |
Fire chief |
|
Police department |
Police chief |
|
Village attorney’s office |
Village attorney |
(c) For every authority not specified in subsections (a) and (b) of this section, the authority’s chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian.
(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, and each legal custodian shall send notice of the designated deputy to the clerk.
(e) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Chapter 19, Subchapter 11, Wis. Stats., and this chapter. The designation of a legal custodian does not affect the powers and duties of an authority under this section. [Ord. dated 8/4/20 #1 § 3; Ord. dated 6/2/20 #1 § 2].
2.70.040 Public access to records.
(a) Except as provided for under Wisconsin law, any person has a right to inspect a record and to make or receive a copy of any record as provided in Section 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 available for inspection and copying upon at least 48 hours’ advance notice of intent to inspect or copy.
(d) A requester shall be permitted to use facilities comparable to those available to village employees to inspect, copy or abstract a record.
(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. No original public records of the village shall be removed from the possession of the legal custodian.
(f) When practicable, records may be provided to the requester by email or other forms of electronic transmission. In order to ensure the integrity of village records, any emailed document shall be converted to a secure format prior to sending the document to anyone outside of the village government. There shall not be any reproduction charge for emailing records; however, such records may still be subject to payment of a location fee as established. A requester will be provided with a copy of such an email and all responses to that email. Unless a requester specifically requests otherwise, they will not be provided with multiple copies of such an email showing receipt by each of the designated email recipients.
(g) A requester shall be charged a fee to defray the cost of locating and copying records. Charges for records are based on the following:
(1) If the form of a written record does not permit copying, the actual, necessary and direct cost of reproduction, transcription, photographing and photographic processing shall be charged.
(2) The actual, necessary and direct cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio or videotapes, shall be charged.
(3) If mailing or shipping is necessary, the actual cost of shipping thereof shall be charged.
(4) There shall be no charge for locating a record unless the actual, necessary and direct cost therefor exceeds $50.00, in which case the actual, necessary and direct cost shall be determined by the legal custodian and billed to the requester.
(5) 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 $5.00.
(6) Certain costs of locating and copying records may be established by resolution of the village board.
(7) Elected and appointed officials of the village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
(8) The legal custodian may provide copies of a record without charge or at a reduced charge where he or she determines that waiver or reduction of the fee is in the public interest.
(h) Pursuant to Section 19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its office, 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 costs thereof. Each authority shall also prominently display at its offices, for the guidance of the public, a copy of this section. This subsection does not apply to members of the village board.
(i) Before any custodian may deny access to any records or portion thereof, the custodian shall consult with the village attorney. Such consultation shall occur as soon as practicable after the custodian has assembled and reviewed the requested record. In any response to a request, the custodian shall include a statement that he or she has consulted the village attorney regarding the denial of access to any records. [Ord. dated 8/4/20 #1 § 3; Ord. dated 6/2/20 #1 § 2].
2.70.050 Access procedures.
Repealed by Ord. dated 6/2/20 #1. [Prior code § 2-9-5].
2.70.060 Limitations on right to access.
Repealed by Ord. dated 6/2/20 #1. [Prior code § 2-9-6].
2.70.070 Destruction of records.
(a) Village officers may destroy the following nonutility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the bureau of municipal audit or an auditor licensed under Chapter 442, Wis. Stats., but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to Section 16.61(3)(e), Wis. Stats., and then after such shorter period:
(1) Bank statements, deposit books, slips and stubs.
(2) Bonds and coupons after maturity.
(3) Canceled checks, duplicates and check stubs.
(4) License and permit applications, stubs and duplicates.
(5) Payrolls and other time and employment records of personnel included under the Wisconsin Retirement Fund.
(6) Receipt forms.
(7) Special assessment records.
(8) Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.
(b) Village officers may destroy the following utility records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the bureau of municipal audit or an auditor licensed under Chapter 442, Wis. Stats., subject to State Public Service Commission regulations, but not less than seven years after the record was effective unless a shorter period has been fixed by the State Public Records Board pursuant to Section 16.61(3)(e), Wis. Stats., and then after such a shorter period, except that water stubs, receipts of current billings and customers’ ledgers may be destroyed after two years.
(1) Contracts and papers relating thereto;
(2) Excavation permits;
(3) Inspection records.
(c) Village officers may destroy the following records of which they are the legal custodian and which are considered obsolete, but not less than seven years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to Section 16.61(3)(e), Wis. Stats., and then after such a shorter period.
(1) Contracts and papers relating thereto.
(2) Correspondence and communications.
(3) Financial reports other than annual financial reports.
(4) Justice dockets.
(5) Oaths of office.
(6) Reports of boards, commissions, committees and officials duplicated in the village board proceedings.
(7) Election notices and proofs of publication.
(8) Canceled voter registration cards.
(9) Official bonds.
(10) Police records other than investigative records.
(11) Resolutions and petitions.
(d)(1) General Records Schedule Adopted. The village hereby adopts, by reference, the Wisconsin Municipal Records Schedule (hereinafter, “records schedule”), pertaining to the retention and destruction of public records, and approved by the State Public Records Board as amended from time to time. A copy of the records schedule will be kept on file in the village clerk’s office located in the Village Hall and made available for public viewing during business hours.
(2) Other Records. In the event the village creates a record not contemplated by the records schedule, the village may, subject to the Records Board’s prior approval, either adopt an applicable records retention schedule set forth by the Records Board, if available, or create its own retention schedule pertaining to the record.
(e) Any tape recordings of a governmental meeting of the village may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting. [Ord. dated 7/7/20 #1 § 1. Prior code § 2-9-7].
2.70.080 Preservation through microfilm.
Repealed by Ord. dated 6/2/20 #1. [Prior code § 2-9-8].
Code reviser’s note: Section 2 of the ordinance dated 6/2/20 #1 states that Chapter 2.70 of the Municipal Code of the Village of Arena is repealed and replaced. Per the city, only AMC 2.70.010 through 2.70.040 are repealed and replaced, and AMC 2.70.070 is retained.