Chapter 2.105
TOWN RECORDS
Sections:
2.105.020 Duty to maintain recording.
2.105.040 Public access of records.
2.105.060 Limitations on right to access.
2.105.070 Destruction of records.
2.105.080 Preservation through microfilm.
2.105.010 Definitions.
“Authority” means any of the following Town entities having custody of Town record: an office, elected official, agency, board, commission, committee, council, 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 Town designated under ETMC 2.105.030 or otherwise responsible by law to keep and preserve any Town 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 chapter to respond to request for access of such records.
“Record” means 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 an authority. “Record” includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), and computer printouts. “Record” does not include drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the 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 his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library. (2008 code § 1.21(1))
2.105.020 Duty to maintain recording.
1. Except as provided under ETMC 2.105.070, each officer and employee of the Town 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.
2. 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 Town 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. (2008 code § 1.21(2))
2.105.030 Legal custodian(s).
1. 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 the legal custodian.
2. Unless otherwise prohibited by law, the Town Clerk or the Clerk’s designee shall act as legal custodian for the Town Board and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the Town Board.
3. For every authority not specified in subsection (1) or (2) 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.
4. 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.
Alternative (a): The Town Clerk, or in his or her absence or disability or in case of vacancy, the Deputy Clerk, is hereby designated the legal custodian of all Town records.
5. The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under subchapter II of Wis. Stat. Ch. 19 and this chapter. The designation of a legal custodian does not affect the powers and duties of an authority under this chapter. (2008 code § 1.21(3))
2.105.040 Public access of records.
1. Except as provided in ETMC 2.105.060, any person has a right to inspect a record and to make or receive a copy of any record as provided in Wis. Stat. § 19.35(1).
2. Records will be available for inspection and copying during all regular office hours.
3. 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.
4. A requester shall be permitted to use facilities comparable to those available to Town employees to inspect, copy or abstract a record.
5. 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.
6. A requester shall be charged a fee to defray the cost of locating and copying records as follows:
a. The cost of photocopying shall be $0.35 per page. Said cost has been calculated not to exceed the actual, necessary and direct cost of reproduction.
b. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.
c. The actual full 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.
d. If mailing or shipping is necessary, the actual cost thereof shall also be charged.
e. There shall be no charge for locating a record unless the actual cost therefor exceeds $50.00, in which case the actual cost shall be determined by the legal custodian and billed to the requester.
f. 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.
g. Elected and appointed officials of the Town of East Troy shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
h. 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.
7. Pursuant to Wis. Stat. § 19.34, and the guidelines therein listed, each authority 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 the records in its custody, make requests for records, 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 Wis. Stat. §§ 19.31 to 19.39) (this section through ETMC 2.105.060). This subsection does not apply to members of the Town Board. (2008 code § 1.21(4))
2.105.050 Access procedures.
1. A request to inspect or copy a record shall be made to the legal custodian. 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 Wis. Stat. § 19.37. Except as proved below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under ETMC 2.105.040(6)(f). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
2. Each custodian, 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. If the legal custodian, after conferring with Town Attorney, 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.
3. A request for a record may be denied as provided in ETMC 2.105.060. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons 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, the determination is subject to review upon petition for a writ of mandamus under Wis. Stat. § 19.37(1), or upon application to the Attorney General or a District Attorney. (2008 code § 1.21(5))
2.105.060 Limitations on right to access.
1. As provided by Wis. Stat. § 19.36, the following records are exempt from inspection under this chapter:
a. Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law;
b. 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 aid by the state;
c. 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
d. A record or any portion of a record containing information qualifying as a common law trade secret.
2. As provided by Wis. Stat. § 43.30, public library circulation records are exempt from inspection under this chapter.
3. 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 Town 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:
a. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
b. Records of current deliberations after a quasi-judicial hearing.
c. Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any Town officer or employee, or the investigation of charges against a Town officer or employee, unless such officer or employee consents to such disclosure.
d. Records concerning current strategy for crime detection or prevention.
e. Records of current deliberations or negotiations on the purchase of Town property, investing of Town funds, or other Town business whenever competitive or bargaining reasons require nondisclosure.
f. 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.
g. Communications between legal counsel for the Town and any officer, agent or employee of the Town when advice is being rendered concerning strategy with respect to current litigation in which the Town or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under Wis. Stat. § 905.03.
4. 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 before release. The custodian shall confer with the Town Attorney prior to releasing any such record and shall follow the guidance of the Town Attorney when separating out the exempt material. If in the judgment of the custodian and the Town Attorney 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. (2008 code § 1.21(6))
2.105.070 Destruction of records.
1. Record Destruction. The Town Board, any officer, committee, commission, agency, authority, or other special governmental units of the Town of East Troy or any officer, employee or agent of the same may not destroy any public record at any time after any 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, 90 days if the requestor is committed or incarcerated pursuant to Wis. Stat. § 19.35(5). If any action is commenced under Wis. Stat. § 19.37, 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 the order is not appealed, the requested record may not be destroyed until after the request for inspection or copying is granted.
2. Notice to Historical Society. The Town Board, any officer, committee, commission, agency, authority, or other special governmental units of the Town of East Troy or any officer, employee or agent of the same, prior to the destruction of any public records belonging to the Town of East Troy shall provide at least 60 days’ notice, in writing, to the State Historical Society of Wisconsin. The Town Board of the Town of East Troy shall not be requested, pursuant to Wis. Stat. § 19.21, to provide notice to the State Historical Society of Wisconsin if the Town Board previously, by application, has received a waiver or if the society has indicated that it has no interest in preserving the same.
3. Conditions and Terms of Destruction of Public Records, Types of Records Destroyed. Public records of the Town of East Troy may be destroyed upon the conditions noted below and at the time noted below:
a. Obsolete Utility Records. If the public utility records are considered obsolete, the custodians may destroy the following public utility records of the Town of East Troy at any time two years after the record was effective:
i. Water stubs;
ii. Receipts of current billings;
iii. Customers’ ledgers.
All other public utility records of the Town of East Troy, the custodians may destroy at any time seven years after the record was effective, unless a shorter time period has been fixed by the State Public Records and Forms Board pursuant to Wis. Stat. § 16.61(3)(e) and then only after that shorter time.
b. Obsolete Financial Records. The Town Board of the Town of East Troy, any committee, commission, agency, authority, or other special governmental units of the Town of East Troy and their officers, employees, and agents of the same are the legal custodians of the public utility records of the Town of East Troy. All financial records of the Town of East Troy that are not utility records, the Town Board of the Town of East Troy, any office, any special office, any committee, any commission, any agency, any authority, any board or any other special governmental units of the Town of East Troy and their officers, their employees and their agents of the aforesaid, who are the legal custodians of these financial records of the Town of East Troy, if these financial records are considered obsolete, the above noted legal custodians 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 and Forms Board pursuant to Wis. Stat. § 16.61(3)(e) and then only after that shorter time period.
c. Other Obsolete Records. If other records are considered obsolete, the above noted legal custodians may destroy them at any time seven years after the record was made, unless another period has been set by statute and then only after such period, or unless a shorter time period has been fixed by the State Public Records and Forms Board pursuant to Wis. Stat. § 16.61(3)(e) and then only after that shorter time period. No assessment roll containing forest crop acreage in the Town of East Troy may be destroyed without prior approval of the Department of Revenue.
4. Taped Records of Meetings. The Town Board of the Town of East Troy, any committee, commission, agency, authority, or any other special governmental units of the Town of East Troy and their officers, their employees and their agents of the same, may destroy any taped audio or video records of any public meeting of the aforesaid no sooner than 90 days after the public meeting minutes have been approved by the appropriate governmental unit if the audio or video, or both, were used to make and maintain minutes of the public meeting. If the audio or video recordings are not used in the preparation of the public meeting minutes, the audio tape and/or video recording must be retained, and the custodians may not destroy the record for seven years in accordance with the provision of subsection (3) of this section.
5. Authority. The Town of East Troy, Walworth County, Wisconsin, has the specific authority under Wis. Stat. §§ 19.21(4) and 60.83 to manage and destroy obsolete public records in possession of the Town of East Troy.
6. Municipal Court Records. Municipal Court records are scheduled for retention and destruction by Wisconsin Supreme Court Rule 72. Wisconsin Supreme Court Rule 72 specifies the retention period for court records in the municipal court of five years. (Ord. 2023-1 § 1; Ord. 2019-7 § 1. 2008 code § 1.21(7))
2.105.080 Preservation through microfilm.
Any Town officer or the director of any department or division of Town government may, subject to the approval of the Town Board, keep and preserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in Wis. Stat. § 16.61(7)(a) and (b), and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of state law and of ETMC 2.105.040 through 2.105.060. (2008 code § 1.21(8))
2.105.090 Severability.
The provisions of this chapter are severable. If a section, subsection, paragraph, sentence, clause or phrase shall be adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of this chapter. (2008 code § 1.21(9))