HomeMy WebLinkAbout30. 18-433AUGUST 15, 2018 18-433 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN
PURPOSE: ADOPT GENERAL RETENTION/DISPOSITION SCHEDULES
PERTAINING TO POLICE DEPARTMENT RECORDS AND
TELEPHONE AND VIDEO SURVEILLANCE RECORDS RELATED
TO CITY FACILITIES AND AMEND PUBLIC RECORDS
ORDINANCE TO INCLUDE DEFINITIONS AND CLARIFY
PROVISIONS PERTAINING TO CITY AUDITS
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTION 1-23(7) PERTAINING TO THE DESTRUCTION OF RECORDS
TO ADOPT GENERAL RETENTIONJDISPOSITION SCHEDULES FOR PUBLIC
RECORDS PERTAINING TO POLICE DEPARTMENT RECORDS, AND TELEPHONE
AND VIDEO SURVEILLANCE RECORDS RELATED TO CITY FACILITIES AND
AMEND PUBLIC RECORDS ORDINANCE TO INCLUDE DEFINITIONS AND CLARIFY
PROVISIONS PERTAINING TO CITY AUDITS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 1-23(7) of the Oshkosh Municipal Code pertaining to the
destruction of records is hereby repealed and recreated as follows:
(See Attached)
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
AUGUST 15, 2018 18-433 ORDINANCE
FIRST READING CONT'D
SECTION 3. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #18 -XXX ADOPT GENERAL
RETENTION/DISPOSITION SCHEDULES PERTAINING TO POLICE DEPARTMENT
RECORDS AND TELEPHONE AND VIDEO SURVEILLANCE RECORDS RELATED TO
CITY FACILITIES AND AMEND PUBLIC RECORDS ORDINANCE TO INCLUDE
DEFINITIONS AND CLARIFY PROVISIONS PERTAINING TO CITY AUDITS (A
GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING
1-23(7) PERTAINING TO THE DESTRUCTION OF RECORDS TO ADOPT GENERAL
RETENTION/DISPOSITION SCHEDULES FOR PUBLIC RECORDS PERTAINING TO
POLICE DEPARTMENT RECORDS AND TELEPHONE AND VIDEO SURVEILLANCE
RECORDS RELATED TO CITY FACILITIES AND AMEND PUBLIC RECORDS
ORDINANCE TO INCLUDE DEFINITIONS AND CLARIFY PROVISIONS PERTAINING
TO CITY AUDITS) on August 28, 2018. The ordinance amends the City's public records
schedules to adopt General Records Retention/Disposition Schedules approved by the State
Public Records Forms Board related to records created or maintained by the Police
Department and telephone and video surveillance records for City facilities. The ordinance
also adopts definitions for terms used within the ordinances and clarifies current provisions
pertaining to city audits.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church
Avenue and through the City's website at www.ci.oshkosh.wi.Lis. Clerk's phone:
920/236-5011.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: August 10, 2018
RE: Adopt General Retention/Disposition Schedules Pertaining to Police Department
Records and Telephone and Video Surveillance Records Related to City Facilities
and Amend Public Records Ordinance to include Definitions and Clarify Provisions
pertaining to City Audits
BACKGROUND
Wisconsin Statutes require governmental bodies such as the City of Oshkosh to preserve records
created or maintained by the City in the course of the City's business. Generally, records must
be maintained for a period of seven (7) years unless a different period is established by statute
or approved by the State of Wisconsin Public Records Board.
Last year the Oshkosh Police Department began using body cameras and data storage for these
records as well as telephone and video recordings and surveillance of city facilities has become
burdensome and will become very costly if additional storage will be required to be purchased.
The State has approved several General Schedules for retention and disposition of public records
that local governments may choose to opt -in to. One of those schedules relates to County
governments and addresses law enforcement records including video surveillance, as well as
telephone and facility surveillance.
ANALYSIS
The City has several options for dealing with the increased storage needs for audio and video
recordings. Without the proposed change to allow data to be purged after 121 days unless
needed for evidentiary or other specific purposes, statutes would currently require records to
be kept for seven (7) years which would greatly increase data storage demand and expense.
Additional storage could be purchased, however the costs for storage of this data is expensive.
The City currently is licensed for 8TB of storage for body camera footage, our actual storage at
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
this point is close to 20TB of data after just over one year of body camera use. TASER is not
currently billing for the additional storage, however, if these costs were to be billed a single TB
of data will cost approximately $1000 so the City's current cost would be an additional $12,000
per year under the TASER contract, an amount that will increase as the amount of data to be
stored increases.
The City may develop its own records schedule and request approval through the Wisconsin
Public Records and Forms Board or the City may opt -in to an existing schedule. Staff believes
that this third option is the most efficient and effective option for the City to pursue. In
reviewing the existing schedules, the County General Schedule for Retention/Disposition for
Sheriff Records and records pertaining to telephone records and audio/video surveillance
appear to match the City's needs. It is important to note also that if the records or recordings
are needed for evidentiary purposes or other reasons, the records would be kept longer than the
121 days proposed in the schedule. The schedule would simply allow for the destruction of
records not necessary to maintain for litigation, prosecution or other purposes and would thus
free up storage space. Records that are of evidentiary value would only be destroyed after all
litigation and appeals have run. Records subject to a current records request would also be
maintained until completion of the request and other records could be kept as deemed necessary
or for training or other purposes.
In addition to adopting the schedules themselves, several definitions are proposed to be adopted
to match the terminology contained in the schedules. The draft also includes a minor
clarification in language in relation to city audits which makes the ordinance match current
practices.
While not included at this time, staff is also aware that there is a current draft municipal records
schedule that is anticipated for approval this fall and wanted to make council aware that staff is
monitoring that effort and anticipating additional changes may come in the future with the
adoption of that schedule.
FISCAL IMPACT
It's very difficult to identify the full fiscal impact related to the adoption of the proposed
ordinance. However, the adoption of the proposed ordinance will allow for the destruction of
certain data not currently used or the subject of litigation, records requests or other retention
requirements. It is anticipated that by reducing the amount of data required to be kept, the City
will remain within the limits of the current agreements for TASER for body camera and will not
be required to purchase additional storage capacity. In addition, data from other surveillance
cameras in and on city buildings will fall within this same schedule and similarly will reduce
requirements on the City's IT division to store additional data for long periods of time saving
them additional cost.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
Staff recommends adoption of ordinance including the portions of the County General Records
Retention/Disposition Schedule as identified.
y Submitted,
Lorenson
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Attachment to Ordinance 18-433
SECTION 1-23 PUBLIC RECORDS
(1) Definitions.
(a) Creation (CR) means the date of creating the record and when used in
connection with a retention period, creation is used when the creation of the
record initiates the retention time period.
(b) Event (EVT) means the end of an event period or useful life of the record, such
as upon approval of a plan or the end of a budget year. When used in
connection with a retention period, event is used if a specific event other than
creation initiates the retention time period.
(c) Superceded (S) means that a new record or record series has been created or is
being used, such as annual calendars and certain policies and procedures.
When used in connection with a retention period, superceded is used when the
creation, adoption or approval of a new record initiates the retention time
period.
(d) Permanent means that the records have been identified as containing
significant historical information and measures must be taken for the long-
term preservation of the records or records may be transferred pursuant to an
agreement with the Wisconsin Historical Society, if appropriate.
(e) Notify means that the Wisconsin Historical Society must be sent written
notification before destruction of records.
(f) Waived means that the Wisconsin Historical Society has determined that the
record series has low historical value and has waived the notification period.
If notification has been waived, then waived records may be destroyed without
notification once they have reached their retention period.
(2) Retention/Disposition of Records.
(a) City officers may destroy the following non-utility financial records of
which they are the legal custodians and which are considered obsolete, after
completion of an audit conducted under the authority of the Finance
Director for the City or an auditor licensed under Chapter 442 of the
Wisconsin Statutes, 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 Sec. 16.61(3)(e),
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. 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 the
legal custodians and which are considered obsolete after completion of an
audit conducted under the authority of the Finance Director for the City or
an auditor licensed under Chapter 442 of the Wisconsin Statutes, subject to
state public service commission regulations, but not less than seven years
after the record was created unless a shorter 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 that water stubs, receipts of current billings
and customers' ledgers may be destroyed after two years:
1. Water and sewer stubs and receipts of current billings.
2. Customer's ledgers.
3. Vouchers and supporting documents pertaining to charges not included
in plant accounts.
4. Other utility records with the written approval of the Commission.
(c) City officers may destroy the following records of which they are the legal
custodian and which are considered obsolete, but not less than seven (7)
years after the record was created or the event, whichever is longer, 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 Sec. 16.61(3)(e), Stats., and then after such shorter period:
1. 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.
8. Reports of boards, commissions, committees and officials duplicated in
the official council minutes.
9. Resolutions and petitions.
10. Voter record cards.
(d) Adoption of General Schedules. The City of Oshkosh hereby adopts the following
portions of the General Records Schedules as approved by the State of Wisconsin Public
Records Board together with any future additions, deletions or supplements thereto, any
changes to the General Records Schedules are herewith incorporated as part of this
Chapter and shall be enforced with the same force and effect as though set forth in full
herein:
A Portion of the General Records Schedule —
County Records Retention/Disposition Schedule including the attached Record
Series
Approved on May, 2010 attached hereto as Appendix "A"
(Where the General Records Schedule refers to County, references shall be made to
the City or appropriate Department/Division thereof; such that references to the
Sheriff shall mean reference to the Oshkosh Police Chief or Police Department,
references to the Corporation Counsel shall mean reference to the City Attorney,
references to the County Clerk shall mean reference to the City Clerk, and so
forth.)
(e) No record shall be destroyed which is the subject of a current records request,
pending claim, citation, criminal charge or other litigation, until such request, claim
or litigation is concluded including all relevant appeals or appeals deadlines.
(f) 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.
(g) Any tape recordings of a governmental meeting of the City 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.
Appendix "A"
County Records Retention/Disposition Schedule, Adopted May, 2010
(Where the General Records Schedule refers to County, references shall be made to the
City or appropriate Department/Division thereof; such that references to the Sheriff shall
mean reference to the Oshkosh Police Chief or Police Department, references to the
Corporation Counsel shall mean reference to the City Attorney, references to the County
Clerk shall mean reference to the City Clerk, and so forth.)
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Attachment to Ordinance 18 -XXX.
Section SECTION 1-23 PUBLIC RECORDS
(1) Definitions.
(a) Creation (CR) means the date of creating the record and when used in
connection with a retention period, creation is used when the creation of the
record initiates the retention time period..
(b) Event (EVT) means the end of an event period or -useful life of the record, such
as upon approval of a plan or the end of a budget year. When used in
connection with a retention period, event is used if a specific event other than
creation initiates the retention time period.
(c) Superceded (S) means that a new record or record series has been created or is
being used, such as annual calendars and certain policies and procedures.
When used in connection with a retention period, superceded is used when the
creation, adoption or approval of a new record initiates the retention time
period.
(d) Permanent means that the records have been identified as containing
significant historical information and measures must be taken for the long-
term preservation of the records or records may be transferred pursuant to an
agreement with the Wisconsin Historical Society, if appropriate.
(e) Notify means that the Wisconsin Historical Society must be sent written
notification before destruction of records.
(f) Waived means that the Wisconsin Historical Society has determined that the
record series has low historical value and has waived the notification period.
If notification has been waived, then waived records may be destroyed without
notification once they have reached their retention period.
04L(2) Pestftic-tiE)i--t--Retention/Disposition of Records.
(a) City officers may destroy the following non-utility financial records of
which they are the legal custodians and which are considered obsolete, after
completion of any i:eqti4ed —audit by the bur-eati ef munkipal
audi cond-Licted under the authority of the Finance Director for the City or
an auditor licensed under Chapter 442 of the Wisconsin Statutes, 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 Sec. 16.61(3)(e), 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. 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 the
legal custodians and which are considered obsolete after completion of any
required -audit conducted under the authority of the Finance Director for
the Citybv the bureau of municipal , „a or an auditor licensed under
Chapter 442 of the Wisconsin Statutes, subject to state public service
commission regulations, but not less than seven years after the record was
of eEtiV(-- created unless a shorter 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 that water stubs, receipts of current billings and
customers' ledgers may be destroyed after two years:
1. Water and sewer stubs and receipts of current billings.
2. Customer's ledgers.
3. Vouchers and supporting documents pertaining to charges not included
in plant accounts.
4. Other utility records with the written approval of the Commission.
(c) City officers may destroy the following records of which they are the legal
custodian and which are considered obsolete, but not less than seven (7)
years after the record was "ff'rT,tetive—created or the event whichever is
longer, 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 Sec. 16.61(3)(e), Stats., and then after such shorter period:
1. 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.
8. Reports of boards, commissions, committees and officials duplicated in
the official council minutes.
9. Resolutions and petitions.
10. Voter record cards.
(d) Adoption of General Schedules. The City of Oshkosh hereby adopts the following
;portions of the General Records Schedules as approved by the State of Wisconsin Public
Records Board together with any future additions deletions or supplements thereto, any
changes to the General Records Schedules are herewith incorporated as part of this
Chapter and shall be enforced with the same force and effect as though set forth in full
herein:
A Portion of the General Records Schedule –
County Records Retention/Disposition Schedule including the attached Record Series
Approved on May, 2010 attached hereto as Appendix "A"
(Where the General Records Schedule refers to County, references shall be made to the
City or �r appropriate Department/Division thereof; such that references to the Sheriff shall
mean reference to the Oshkosh Police Chief or Police Department, references to the
Corporation Counsel shall mean reference to the City Attorney, references to the County
Clerk shall. mean reference to the City Clerk, and so forth.)
(e) No record shall be destroyed which is the sub-ject of a current records request,
pending claim, citation criminal charge or other litigation, until. such request, claim
or litigation is concluded includirig all relevant appeals or appeals deadlines.
ke)(f —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.
(#- Any tape recordings of a governmental meeting of the City 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.