HomeMy WebLinkAbout32198 / 82-02�
December 2, 1982
$ 3 ORDINANCE
PURPOSE: TO CREATE AN ORDINANCE GOVERNZNG THE MAINTE
DESTRUCTION OF, AND ACCESS T0, CITY RECORDS
INITIATED BY: LEGAL DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHICOSH REPEALING SECTIONS 1-23, 1-24, 1-25,
1-26 and 1-27 OF TfIE OSHKOSH MUNiCIPAL CODE PERTAZNING TO PRESERVATION QF PUBLIC
RECORDS AND CREATING SECTTON 1-23 OE THE OSHKOSH MUNICIPAL CODE YERTAINING TO
TfiE MAINTENANCE, DESTRUCTION OF, AND ACCESS T0, CITY RECORDS.
The Co�on Council of the City of Oshkosh do ordain as follows:
Section 1. That Sections 1-23, 1-24, 1-25, 1-26 and 1-27 of the Oshkosh
Municipal Code pertaining to preservation of public records are nereby repealed.
Section 2. That Section 1-23 of the Oshkosh Municipal Code pertaining to
the maintenance, destruction of, and access to, City records is hereby created
to read as follows:
SECTION 1-23 PUBLIC RECORDS.
(1) Definitions.
(a) "Authority" means any of the following City entities having custody of
a City record: an office, City official, agency, board, commission, committee,
council, department or public body corporate and politic created by constitution,
resolution, law, ordinance, rule or order; or a formally constituted subunit of the
foregoing.
(b) "Custodian" means that officer, department head, division head, or employee
of the City designated under sub. (3) or otherwise responsible by law to keep and
preserve any City 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.
(c! "P.ecord" means any material on which written, drawn, printed, spokea,
visual or electramagnetic information is recorded or preserved, regardless of pny-
sical 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 com-
puter printouts. "Record" does not include drafts, aotes, 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 pezsonal 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 puhlic library
which are available for sale, or which are available for inspection at a public
library.
- 3A -
__ _ _ __. _ . --_
�
Decemher 2, 1982
(2) Duty to Maintain Records.
if 3 ORDINANCE - Public
Records
(a) Except as provided under sub. (7), each officer and employee of the City
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 tfie lawful possession or control of the officer or employee or his
or her deputies, or ta 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 City Clerk. Zf a vacancy occurs before
a successor is selected or qualifies, sucfi records shall be delivered to and receipted
for by the clerk, oa behalf of the successor, to be delivered to such successor upon
the latter`s rec�ipt.
(3) Legal Custodiaa(s).
(a) Each City 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) IInless otherwise prohibited 6y law, the City Clerk or the Clerk's designee
shall act as legal custodian for the Co�on Council and for any coffiittees, commi-
ssions, boards, or other authorities created by ordinance or resolution of the Co�on
Council.
(c) For every authority not specified in subs. (a) or (b), the authority's
chief administrative officer is the legal custodian for the authority, but the officer
may designate an employee of fiis 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.
(e) The legal custodian shall have full legal power to render decisions and to
carry out the duties of an authority under subch. 11 of ch. 19, Stats., and this sec-
tion. The des3gnation of a legal custodian does not affect the powers and duties of
an authcrity un3er t?:is section.
(4) Public Access to Records.
(a) Except as provided in sub. (6), any person has a right to inspect a record
and to make or receive a copy of any record as provided in sec. 19.35(1), Stats.
(b) Records will be available for inspection and copying during all regular
offica :�aurs.
(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 avail-
able to City employees to inspect, copy or abstract a record.
�
December 2, 1982
� 3 ORDZNANCE - Public
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) A requester shall be charged a fee to defray [he cost of locating and
copying records as follows:
1. The cost of photocopying shall be $.10 per page. Said cost
has been calculated not to exceed the actual, necessary and direct cost
of reproduction.
2. T£ the form of a written record does not permit copying, the
actual and necessary cost of photographing and photographic processing
shall be charged.
3. The actual full cost of pr�vidir,g a cop;- of other record� aot
in printed form on paper, such as 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 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.
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 $5.00.
7. Elected and appointed officials of the City of Oshkosh 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.
(gj Pursuant to JCC• 1J�J�� v�¢�J�� a��? the g��idalires 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 des-
cription of its organization and the established times and places at which, the
legal custodian from whom, and the methods whereby, the public may obtain informa-
tion and access to records in its custody, make requests for records, or obtain
copies of records, and the costs thereof.
(5} Access Procedures.
(a) A request to inspect or copy a record shall be made to the legal custodian.
A request stiall 6e deemed sufficient if it reasonably describes the requested record
or the information requested. However, a request for a record crithout 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 tfie request is commenced under sec. 19.37,
-3C-
Decemher 2, 1982 � 3 ORDINANCE - Public
Records
Stats. Except as provided 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 sub, (4 1(f)6. A requester may be required
to show acceptable identification whenever the requested record is kept at a private
residence or wheaever security reasons or federal law or regulations so require.
(b) Each custodian, upon request for aay record, shall, as soon as practicable
and without delay, either fill the request or notify the requester of the authority's
determination to deny t6e request in whole or in part and the reasons therefor. If
the legal custodian, after conferring with the City Attorney, determines that a
written request is so general as to be unduly time consi�ing, the par[y making the
request may first be required to itemize his or her request in a manner vhich would
permit reasonable compliance.
Cc) A request for a record may be denied as provided in sub. (6). If a request
is made orally, tfie request may 6e denied orally unless a demand for a wcitten state-
ment of the reasons denying the request is made by the requester within five (5)
business days of the oral denial. If a written request is denied in vhole or in
part, the requester sfiall 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 re-
view upon petition for a writ oP mandamus under sec. 19.37(1), Stats., or upon appli-
cation to the attorney general or a district attorney.
(6) Limitations on Right to Access.
(a) As provided by sec. 19.36, Stats., the following records are exempt from
inspectian under tfiis 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 ob'tained 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;
3. Computer programs, although the aaterial used as input for a
computer program or the material produced as a pruduct of tne computer
program is subject to inspection; and
4. A record or any portion of a record containing information qualifying
as a co�on law trade secret.
(b) As provided by sec. 43.30, Stats., public library circulation records are
exempt from inspection under this section.
-3D-
�
December 2, 1982 # 3 ORDINANCE - Public
Records
(c) 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 City Attorney, may deny the request, in whole or in part, only if he or she deter-
mines that the harm to the public interest resulting from disclosure would outweigh
the public interest in full access to the requested record. Exaaples 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 crere necessary and given in order to obtain the iaformation con-
tained in tfiem.
2. Records of current deliherations after a quasi-judicial hearing.
3. Records of current deliberations concerning employment, dismissal,
promotion, demotion, compensation, performance, or discipline or any city
officer or employee, or the investigation of charges against a city officer
or employee, unless such officer or employee consents to such disclosure.
4. Records concerning current strategy for crime detection or
prevention.
5. Records of current deliherations or negotiations on the purchase
of city property, lnvesting of city funds, or other city 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 sub-
stantial adverse effect upon the reputation of any person referred to in
such history or data.
7. Co�unications between legal couasel for the city and any officer,
agent or employee of the city, when advice is being rendered concerning
strategy with respect to current litigation in which the city or any of its
oEficers, agents or employees is or is likely to become involved, or co�unica-
tions which are privileged under sec. 905.03, Stats.
(d) If a record contains information that may be made pu6lic and infoxmation
that may not be made public, the custodiaa of the record shall provide the informa-
tion that may be made public and delete the information that may not be made public
from the record beFore release. The custodian sha11 confer with the City Attorney
prior to releasi^.g ar_y such record 2nd shall follo:� the guidance of the City Attor-
ney when separating out the exempt material. If in the judgment of the custodian
and the City 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.
(7) Destruction of Records.
(a) City officers may destroy the following nonut�lity.financial recor3s oE
which they are the legal custodians and which are considered obsolete, after com-
pletion of any required audit by the bureau of municipal audit or an auditor licensed
-3E_
�December 2, 1982
�� 3 pRDINI�CE - Public
Records
under chapter 442 of the Wisconsin Statutes, hut not less than seven years after pay-
ment or receipt of any s� involved in the particular transaction, unless a shorter
period has been fixed by the state public records board pursuant to sec. 16.61(3)(e),
and then after such sfiorter 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, stu6s and duplicates.
5. Payrolls and other time and employment records of personael
included under the FTisconsin Retirement Fund.
3
7
Receipt forms.
Vouchers, requisitions, purchase orders and all other
supporting documents pertaining thereto.
8. Special Assessment records.
(b) City officers may destroy the following utility records of which they are
tke legal custodians and whicIi are considered ohsolete after completion of any required
audit by� the bureau of municipal audit or an auditoz licensed under chapter 442 of
the WYsconsin Statutes, su5ject to state public service co�ission regulations, bu[ not
less tAan seven years a£ter tfie record was effective unless a shozter period has been
fixed by the state public records board pursuant to sec. 16.61(3)(e), Stats., and then
after such a shorter period, except tF�at water stu6s, receipts of current billings and
customers' ledgers may be destroyed after two years:
1. Water and sewer stu6s and receipts of current hillings.
2. Customer's ledgers.
3_ Vouchers and supporting documents pertaining to charges
� not included in plant accounts.
4. Othet utility :=cutd.s .rich the �arit�en a.pprovai of thz
State Public Service Co�ission.
(c) City officers may destroy the following records of which they are the legal
custodian and which are considered obsolete, but noC less than seven (7) pears after
the record was effective unless another period has been see by statute, and then after
such a pertod, or unless a shorter period has been fixed by the state public records
boatd pursuant to sec. 16.61(3)(e), Stats., and then after such a shozter period:
-3F-
� _
` December 2, 1982
1
!I 3 ORDINANCE - Public
Records
Assessment rolls and related records, including board of
review minutes.
2. Contracts and papers relating thereto.
3. Correspondence and communications.
4. Financial reports other than annual financial reports.
5. Insurance policies.
6. Justice Dockets.
7.
�
Oaths of office.
P.eports of Foar3s, co�aissions, committaes and officials dupli-
cated in the official council minutes.
9. Resolutions and petitions.
10. Voter record cards,
(d) Unless notice is waived by the state historical society, at least 60 days'
notice shall be given the state historical society prior to the destruction of any
record as provided by sec. 19.21(4)(a), Stats.
(e) Any tape recordings of a governmental meeting of the City may be destroyed,
erased or reused no sooner than 40 days aPter the minutes of the meeting have been
approved and published, if the purpose of the recording was to make minutes of the
meeting.
(8) Preservation Through Microfilm. Any city officer, or the director of any
department or division of city government may keep and preserve public records in
his or her possession by means of microfilm or other piiotographic reproduction method.
Sucii records shall meet the standards 4or photograpfiic reproduction set forth in sec.
16.61(7)(a) .and (5), Stats., and sfiall be considered original records for all purposes.
Such records shall be preserved along witfi -other files of the department or division
and shall be open to public inspection and copying according to the provisions of state
lacr and cf su6s. (+) through (o) or this ordinance.
(9) Severability. The provisions of this ordinance are severable. If a section,
subsection, paragraph, sentence, clause or phrase shall be adjudged by a court of com-
petent jurisdiction to be invalid, the decision si�all not affect the validity of this
ordinance.
Section 3. This ordinance shall take effect upon passage and publication as
provided hy law.
- 3G '
N
��.-
�i
��
�-
L1'
N ,
M
�"'-,-
�
��
��T
�v�
. � Q U
'U ^
pU +�
�
� N N
u � U
N •.� 6
}� �i' 'b
o ,� �
� � O
� bD
U G' � •
� •rl O U]
� p •ra '77
�s�uu
•,-I N U O
"d ,'� � U
O C.7 � P�+
1
�r{ '[�
�z,' R3
41 4-i •
y
cd J� �'�
N bD O O
}� [.' �rl U
� •,� 1� N
}.i }a � �
U � � �
oom•�+
+� c7 d v
Q
U U ^ l�
� � U N
N
.� -� N N
�oro�u
Ny,vu
00+-+6
`:
�
N
S�
�, ..
.L;
� �
v� H
D �
F+ U
S.'
0
.�
+�
O
u
�
O
.�
i�
0
�
N N
oJ r� �
� \ r-I
� U
� � �
.�
}.� � U
N �
� �
v •ri
U =-�
A � �
N f- ^�` : �}-�
ap N
� � U
�
�; A
N �
.�
}� �� U
� 'C' G�0
N. �; �rl
q � �
�
_ . . _.- . __ . ��