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HomeMy WebLinkAbout30. 18-461 AUGUST 15, 2018 AUGUST 28, 2018 18-433 18-461 ORDINANCE FIRST READING SECOND READING (CARRIED 5-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ADOPT GENERAL RETENTION/DISPOSITION SCHEDULES PERTAINING TO POLICE DEPARTMENT RECORDS AND TELEPHONE AND VIDEO SURVEILLANCE RECORDS RELATED TO CITY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 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 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 That Section 1-23(7) of the Oshkosh Municipal Code pertaining to the destruction of records is hereby repealed and recreated as follows: (See Attached) SECTION 2.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 AUGUST 28, 2018 18-433 18-461 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #18-461 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.us. Clerk's phone: 920/236-5011. Oshkosh 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 1 130 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, Lynn)A. 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.) COUNTY RECORDS RETENTION/DISPOSITION SCHEDULE GENERAL SCHEDULE [RECORDS COMMON TO MOST COUNTY AGENCIES, BOARDS, COMMISSIONS, COMMITTEES, DEPARTMENTS, OR OFFICES] Approved May, 2010 Record Records Series Title Retention Period Authority WHS General Duties of... Notes Series No. §893.80 Wis. Stats. Waived (Creation, Retention & Notification (§ 19.33 Wis. Stats.) Telephone Logs/Message Slips/Voice Mail S Waived Disposition) Any routine documentation of incoming or outgoing calls. Only retain as long as administratively necessary. General Schedules Surveillance Recordings (facility/non-evidentiary) CR + 121 Days §893.80 Wis. Stats. Waived Telephone Logs/Message Slips/Voice Mail S Waived Any routine documentation of incoming or outgoing calls. Only retain as long as administratively necessary. Data Processing Telephone Records: System Back -Up Records CR + 15 days Waived Telephone Records: System Call Records CR + 6 Months Waived Sherif Oshkosh Police Department) Daily Roster Assignments CR + I year Waived Department Employee Photos EVT + 7 years: EVT = Waived Evidence, Major Cases EVT + I year: EVT = Final Appeal Waived Documentation, not actual Mug Shots Permanent N/A Proof of Service CR + 7 years Waived Property Inventory Audit EVT + 20 years: EVT = Disposition of property Waived Traffic Accident Photos EVT + 6 years: EVT = Date of Waived Transport Records CR + 7 years Waived Monthly Equipment Check CR + 8 years Waived Shift Logs CR + 8 years Waived Surveillance Recordings-Audio/Video 121 days §893.80 Wis. Stats. Waived Detective Division Arrest Records CR + 8 years § 59.27(8) Wis. Stats. Waived Citizen Complaints Permanent N/A Record Records Series Title Series No. Retention Period Authority (Creation, Retention & Disposition) WHS General Duties of ... Notes Notification (§ 19.33 Wis. Stats.) Evidence Cards CR + 10 years § 59.27(8) Wis. Stats. Waived Field Interrogation Cards EVT + 8 years: EVT = Close of Case Waived Incident Records CR + 10 years § 59.27(8) Wis. Stats. Waived Internal Investigation Files EVT + I year: EVT = Death of Waived Juvenile Cards EVT + I year: EVT = Juvenile's Waived Ordinance Violation Citation CR + 2 years Waived Patrol Division False Alarm Card File S Waived False Alarm Door Opening Invoices CR + I year Waived Fleet Maintenance Records Life of Vehicle Waived Intern Records CR + 5 years Waived School Surveys CR + 5 years Waived Squad Car Video Recordings CR + 121 Days §893.80 Wis. Stats. Waived Uniform Traffic Citations EVT + I year: EVT = Closed, Waived Wisconsin Accident Reports CR + 8 years Waived Work Schedules CR + 7 years § 59.27(8) Wis. Stats. Waived Dispatch Center Audio Tapes (e.g.,, 91 1) CR + 121 days §893.80 Wis. Stats. Waived If digital, must produce original Incident Record CR + 10 years Waived Telecommunicator's Radio CR + 120 days Waived Records Accident Report CR + 8 years Waived Accident Reports, Non -Reportable CR + 8 years Waived Alcohol Assessments Education Referrals CR + 5 years Waived Citations CR + 8 years Waived Driver Condition Behavior Reports CR + 2 years Waived Incident Reports Permanent N/A Laser Logs EVT + 8 years: EVT = End of use Waived Patrol Roster CR + 2 years Waived Radar Certification Logs EVT + 8 years: EVT = End of use Waived State Uniform Crime Report CR + 5 years Waived Warning Notices EVT + 6 Months: EVT = After Waived Drug Unit Asset Forfeiture Log Permanent N/A Asset Forfeitures EVT + 8 years: EVT = Given up Waived Confidential Informant File Permanent N/A Confidential Informant Log Permanent N/A Record Records Series Title Series No. Retention Period Authority (Creation, Retention & Disposition) WHS General Duties of ... Notes Notification (§ 19.33 Wis. Stats.) Evidence Destruction File EVT + 8 years: EVT = Last date Waived Fleet Leased Contracts EVT + I year: EVT = Contract Waived Incident Report Log EVT + 8 years: EVT = Date of Last Incident Waived Incident Reports Permanent N/A Intelligence Request Log CR + 15 years Waived Officer's Daily Reports CR + 7 years Waived Petty Cash Vouchers EVT + 7 years: EVT = Audited Waived Search Warrants EVT + I year: EVT = Search Waived Warrant, Sex offence & Drug Activity Log Book Permanent N/A Court Services / Warrants Warrant Cards EVT + I year: EVT = Warrant Waived Warrant, cancellation sheet from court EVT + 7 years: EVT = Warrant Waived Warrant, ledgers EVT + 7 years: EVT = Warrant Waived Warrant, problems and complaints CR + 7 years Waived Warrants EVT: EVT = Until Satisfied Waived Warrants, cancelled - gold sheet EVT + I Month: EVT = Waived Warrants, cancelled extradition EVT + 3 years: EVT = Warrant Waived Administration Accidents, squad EVT + 8 years: EVT = Closed Waived Daily Roll Call Rosters CR + 8 years Waived Department General Orders Permanent N/A False Alarm Fee Documentation, uncollectible CR + 3 years Waived Grant Reports and Documentation EVT + 3 years: EVT = Last Payment Received Waived Overtime Cards CR + 7 years Waived Psychological Evaluations (Employee) EVT + 15 years: EVT = Waived Warrants, teletypes / municipalities EVT: EVT = Warrant Cancellation Waived Attachment to Ordinance I.8 -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 Ion 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. 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 r-eqtAi:ed —audit by the b:ar-eau of muniEipal auditcond-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. S. 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 ani retied --audit conducted under the authority of the Finance Director for the Cityby the bureau eau of r,-,unic al aLtd-it 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 effeEtiVe 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. 1O. 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 inchiding all relevant appeals or appeals deadlines. (,e)of —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. 4)-, ZjAny 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.