Chapter 2.75
RECORDS RETENTION
Sections:
2.75.060 Destruction after request for inspection.
2.75.070 Destruction pending litigation.
2.75.080 Microfilming or optical disk storage of department records.
2.75.090 Review and approval by Public Records and Forms Board.
2.75.010 Purpose.
The purpose of this chapter is to establish a records retention schedule and authorize destruction of records pursuant to the schedule on an annual basis. Records custodians may destroy a record prior to the time set forth in the schedule if such record has been photographically reproduced as an original record pursuant to Wis. Stats. Section 16.61(7). [Ord. dated 5/11/2004 § 1.]
2.75.020 Historical records.
The State Historical Society of Wisconsin (SHSW) has waived the required statutory 60-day notice under Wis. Stats. Section 19.21(5)(d) for any record marked “W” (waived notice). SHSW must be notified prior to destruction of a record marked “N” (nonwaived). Notice is also required for any record not listed in this chapter. “N/A” indicates not applicable and applies to any record designated for permanent retention. [Ord. dated 5/11/2004 § 2.]
2.75.030 Unlisted records.
Unless the public records board fixes a shorter period, any record not covered by this chapter or any other regulation or law shall be retained seven years. In addition, prior to the destruction of any record not covered by this chapter or any other regulation or law, the required statutory 60-day notice under Wis. Stats. Section 19.21(5)(d) must be given to the State Historical Society of Wisconsin (SHSW). [Ord. dated 5/11/2004 § 3.]
2.75.040 Computer records.
Provides information technology services for departments and stores records information electronically for departments. Record information stored electronically must be maintained pursuant to the guidelines established for the specific records enumerated in this chapter. [Ord. dated 5/11/2004 § 4.]
2.75.050 Definitions.
“Legal custodian” means the individual responsible for maintaining records pursuant to Wis. Stats. Section 19.33.
“Record” has the meaning defined in Wis. Stats. Section 19.32(s). [Ord. dated 5/11/2004 § 5.]
2.75.060 Destruction after request for inspection.
No requested record may be destroyed until after the request is granted or 60 days after the request is denied. If an action is commenced under Wis. Stats. Section 19.37, the requested record may not be destroyed until a court order is issued and all appeals have been completed. See Wis. Stats. Section 19.35(5). [Ord. dated 5/11/2004 § 6.]
2.75.070 Destruction pending litigation.
No record subject to pending litigation shall be destroyed until the litigation has been resolved. [Ord. dated 5/11/2004 § 7.]
2.75.080 Microfilming or optical disk storage of department records.
Departments may keep and preserve public records through the use of microfilm or optical disk storage; providing, that the applicable standards established in Wis. Stats. Sections 16.61(7) and 16.612, 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 chapter apply to records in any media. [Ord. dated 5/11/2004 § 8.]
2.75.090 Review and approval by Public Records and Forms Board.
This chapter has been reviewed and approved by the Public Records and Forms Board. [Ord. dated 5/11/2004 § 9.]
2.75.100 Retention schedule.
The following records are maintained by the town and are subject to uniform regulation unless otherwise specified. The retention period and authority are listed with each record.
|
Record |
Retention |
Authority |
W – N – N/A |
|---|---|---|---|
|
(a) General |
|||
|
(1) Any record subject to litigation, claim, audit or other action |
Until permission to destroy obtained from town attorney |
|
W |
|
(2) Correspondence |
3 years |
|
W |
|
(b) Treasurer |
|||
|
(1) General receipts and settlement receipts |
Current fiscal year (CFY) plus 4 preceding fiscal years |
Wis. Stats. § 59.715(17) |
W |
|
(2) Municipal tax rolls (see also “planning and development”) |
15 years |
Wis. Stats. § 59.715(2) |
N |
|
(3) Balancing reports |
CFY + 4 preceding fiscal years |
|
W |
|
(4) Bank reconciliations |
CFY + 4 preceding fiscal years |
|
W |
|
(5) Outstanding checks |
CFY + 4 preceding fiscal years |
|
W |
|
(6) Check register |
CFY + 4 preceding fiscal years |
|
W |
|
(7) Deposit tickets |
CFY + 4 preceding fiscal years |
|
W |
|
(8) Bank credit/debit notices |
CFY + 4 preceding fiscal years |
|
W |
|
(9) Tax receipts |
15 years |
Wis. Stats. § 59.715(16) |
W |
|
(10) Tax calculation records |
CFY + 4 preceding fiscal years |
|
W |
|
(11) Special assessment records |
CFY + 4 preceding fiscal years |
|
W |
|
(12) All other receipts of county treasurer |
CFY + 4 preceding fiscal years |
Wis. Stats. § 59.715(17) |
W |
|
(13) Real property worksheets (based on assessment work roll) |
CFY + 4 preceding fiscal years |
|
W |
|
(14) Tax collection records |
CFY + 4 preceding fiscal years |
|
W |
|
(15) Board of review records |
7 years after final action or completion of appeal |
|
N |
|
(c) Town Clerk |
|||
|
(1) Original papers, resolutions, ordinances and reports of appearing in town board proceedings |
6 years after date of publication |
Wis. Stats. § 59.717(1) |
N |
|
(2) Journal of proceedings |
6 years after publication date |
|
N |
|
(3) Committee minutes |
6 years after publication date |
|
N |
|
(4) Taped meeting minutes |
90 days after approval of written minutes |
|
W |
|
(5) Report of function jurisdiction of roads |
10 years or until next report is received |
|
W |
|
(6) Town road map |
Until next map is received |
|
W |
|
(7) Town plats |
3 years |
|
W |
|
(8) Town development plan |
Until superseded |
|
W |
|
(9) Waste management plan |
Until superseded |
|
W |
|
(10) Insurance records |
7 years |
|
W |
|
(11) Municipal borrowing records |
7 years after debt is retired |
|
W |
|
(12) Permits |
7 years after issuance |
|
W |
|
(d) Elections |
|||
|
(1) Supervisory district plan and map |
Until next apportionment |
Wis. Stats. § 59.03 |
W |
|
(2) Official bonds |
6 years |
Wis. Stats. § 59.715(8) |
W |
|
(3) Oaths of office |
7 years |
Wis. Stats. § 59.715(19) |
W |
|
(4) Election financial reports; election financial registration statements |
6 years |
Wis. Stats. § 7.23(1)(d) |
W |
|
(5) Registration and poll lists: |
|
Wis. Stats. § 7.23(1)(e) |
W |
|
(i) Nonpartisan primary or election |
2 years |
|
|
|
(ii) Partisan primary or election |
4 years |
|
|
|
(6) Federal election records other than registration cards. |
22 months |
Wis. Stats. § 7.23(1)(f) |
W |
|
(7) Any election ballots |
30 days after election |
Wis. Stats. § 7.23(1)(h) |
W |
|
(8) Official election canvasses |
10 years after election |
Wis. Stats. § 7.23(1)(i) |
W |
|
(9) Election notices, proofs of publication and correspondence |
1 year after date of election unless contested, then by court order |
Wis. Stats. § 7.23(1)(j) |
W |
|
(10) All other election materials and supplies |
90 days after election |
Wis. Stats. § 7.23(1)(k) |
W |
|
(11) Records transferred by a registrant who submits a dissolution report after primary and general elections |
3 years after their last election |
Wis. Stats. § 10.74(8)(e) |
W |
|
(e) Public Works and Contracts |
|||
|
(1) Purchase orders |
7 years |
|
W |
|
(2) Contracts, leases, agreements, notices of taking bids |
7 years after the last effective day thereof |
Wis. Stats. § 59.715(10) |
W |
|
(3) Bids and proposals, successful |
7 years after contract expiration |
|
W |
|
(4) Bids and proposals, unsuccessful |
2 years after bid opening |
|
W |
|
(5) Construction plans for public buildings and bridges |
Life of structure |
|
N |
|
(6) Warranty records |
Life of product or end of warrant, whichever occurs first |
|
W |
|
(7) Equipment and furnishings inventories |
Until superseded |
|
W |
|
(8) Property inventory |
Until superseded |
|
W |
|
(f) Claims/Litigation |
|||
|
(1) Claims paid by town and supporting papers |
7 years |
Wis. Stats. § 59.715(9) |
W |
|
(2) Any record subject to litigation, claim, audit or other action |
7 years after closure |
|
W |
|
(3) General liability and property damage claims |
7 years after closure |
|
W |
|
(4) Workers’ compensation and liability claims |
7 years after closure |
|
W |
|
(g) Town Attorney |
|||
|
(1) Case files/nonlitigation |
3 years |
|
W |
|
(2) Case files/litigation |
3 years after closure or when appeal time has run, whichever is longer per SCR |
|
W |
|
(3) Legal memos |
7 years |
|
W |
|
(4) Legal opinions |
Permanent |
|
N/A |
|
(h) Highway |
|||
|
(1) Machinery, time sheets |
1 year after machinery is replaced |
|
W |
|
(2) Permits |
Permanent |
|
N/A |
|
(3) State gas reports |
CFY + 4 preceding fiscal years |
|
W |
|
(4) Accident reports (copies) |
7 years |
|
W |
|
(5) Insurance reports (copies) |
3 years |
|
W |
|
(6) Stock control records |
2 years |
|
W |
|
(7) Fuel usage reports |
3 years |
|
W |
|
(8) Heavy equipment and vehicle inventory ledger |
Until superseded |
|
W |
|
(9) Vehicle maintenance histories |
Life of vehicle |
|
W |
|
(10) Vehicle usage reports |
2 years |
|
W |
|
(11) Relocation orders/maps |
Retain latest version for each project |
|
W |
|
(i) Personnel |
|||
|
(1) Payroll registers, other payroll report, and Social Security and retirement earnings reports |
10 years |
|
W |
|
(2) Withholding allowance certificates, employee wage and tax statements, and other tax records |
7 years |
|
W |
|
(3) Time cards, attendance records, salary schedule |
7 years |
|
W |
|
(4) Garnishment records |
CFY + 4 preceding fiscal years |
|
W |
|
(5) Rough work papers used in payroll calculations |
CFY + 4 preceding fiscal years |
|
W |
|
(6) Unemployment compensation records |
3 years |
|
W |
|
(7) Retirement records |
8 years after end of service |
|
W |
|
(8) Deferred compensation payment records |
8 years after end of service |
|
W |
|
(9) Department training records |
7 years |
|
W |
|
(10) Performance evaluations |
6 years |
|
W |
|
(10.A) Medical records |
EVT + 30 years |
Per OSHA |
W |
|
(11) EEO-4 reports, obsolete job description and any personnel or employment records made or kept, including but not limited to application forms or test papers by applicants and other records or decisions pertaining to hiring, promotion, demotion, transfer, layoff or termination, terms of compensation, and selection of training |
3 years except where a charge of discrimination has been filed. All personnel records relevant to a charge or action shall be retained until final disposition of the charge or action. |
|
W |
|
(12) Union contracts and grievance, mediation and arbitration records |
Permanent |
|
N/A |
|
(13) Individual employee personnel files |
8 years after end of service |
|
W |
|
(14) Directives and policies |
7 years after being updated or terminated |
|
W |
[Ord. dated 5/11/2004 § 10.]