Chapter 45
RECORDS
ARTICLE I
Destruction of Obsolete Public Records
ARTICLE II
Public Access
§ 45-1. Financial records.
§ 45-9. Authority.
§ 45-2. Utility records.
§ 45-10. Definitions.
§ 45-3. Other records.
§ 45-11. Legal custodian.
§ 45-4. Notice required.
§ 45-12. Access to records.
§ 45-5. Confidentiality.
§ 45-13. Fees.
§ 45-6. Recycling requirements.
§ 45-7. Exceptions.
§ 45-7. Exceptions.
[HISTORY: Adopted by the Town Board of the Town of Summit as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 125.
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ARTICLE I
Destruction of Obsolete Public Records
[Adopted 10-5-1995 by Ord. No. 215]
§ 45-1. Financial records.
The Clerk/Treasurer may destroy the following nonutility records of which he or she is the
legal custodian and which are considered obsolete, after completion of an audit by state
auditors or an auditor licensed under Ch. 442, Wis. Stats., 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 or will in the future be fixed by the State Public Records Board pursuant to §
16.61(3)(e), Wis. Stats., and then after such shorter period:
A.
Bank statements, deposit books, slips and stubs.
B.
Bonds and coupons after maturity.
C.
Canceled checks, duplicates and check stubs.
D.
License and permit applications, stubs and duplicates.
E.
Official bonds.
SUMMIT CODE
F.
Payrolls and other time and employment records of personnel included under the
Wisconsin Retirement Plan.
G.
Receipt forms.
H.
Special assessment records.
I.
Vouchers, requisitions, purchase orders and all supporting documents pertaining thereto.
J.
Vouchers and supporting documents pertaining to charges not included in plant accounts
of municipal utilities and the Sewer Department.
K.
Other municipal utility and Sewer Department records, with the written approval of the
State Public Service Commission.
§ 45-2. Utility records.
Town officers may destroy the following utility records, subject to the regulations by the State
Public Service Commission, and of the Sewer Department of the Town, of which they are the
legal custodians and which are considered obsolete, after completion of an audit by state
auditors or by an auditor licensed under Ch. 442, Wis. Stats., but not less than two years after
payment or receipt of the sum involved in the applicable transaction:
A.
Water and sewer stubs and receipt of current billings.
B.
Customer's ledgers.
C.
Vouchers and supporting documents pertaining to charges not included in plant
accounts.
§ 45-3. Other records.
Town officers may destroy the following records which are considered obsolete, but not less
than seven years after the record was effective:
A.
Assessment rolls and related records, including Board of Review minutes.
B.
Contracts and papers relating thereto.
C.
Correspondence and communications.
D.
Financial reports other than annual financial reports.
E.
Insurance policies.
F.
Oaths of office.
G.
Reports of boards, commissions, committees and officials duplicated in the Town Board
minutes.1
H.
Resolutions and petitions.
1.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
RECORDS
I.
Voter cards.
J.
All Police Department files, reports, records and other documents held by the Police
Department.
§ 45-4. Notice required.
Prior to the destruction of any public record described above, at least 60 days' notice shall be
given the State Historical Society.
§ 45-5. Confidentiality.
Any documents which contain information which is required to be kept confidential by law
shall be destroyed in a manner that will insure the continued confidentiality of such
information. No public record shall be disposed of in a manner that would allow or would be
likely to allow a third party to obtain from such record any information which is required to be
kept confidential by law.
§ 45-6. Recycling requirements.
All state and local laws regarding recycling shall be complied with in the destruction of
obsolete public records.
§ 45-7. Exceptions.
No records subject to pending litigation shall be destroyed until the litigation has been
resolved. No record for which public inspection has been requested shall be destroyed until
after the request has been granted and access provided or, if the request is denied, until 60 days
has elapsed after the denial. If an action is commenced under § 19.37, Wis. Stats., the requested
record may not be destroyed until a court order is issued and all appeals have been completed.
§ 45-8. Interpretation.
This article shall not be construed to authorize the destruction of any public record after a
lesser period than that prescribed by statute or state administrative regulation.
ARTICLE II
Public Access
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 45-9. Authority.
This chapter is adopted under authority granted under § 19.35, Wis. Stats.
§ 45-10. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORITY — Any of the following having custody of a record: an elected official, agency,
board, commission, committee, council or department or public body corporate and politic of
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the Town, created by constitution, law, ordinance, rule or order, or a formally constituted
subunit of the foregoing.
RECORD — 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 of the Town. "Record"
includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs,
film, recordings, tapes (including computer tapes), computer printouts and optical disks.
"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 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.
§ 45-11. Legal custodian.
The Town Board does hereby designate the Town Clerk/Treasurer to be the legal custodian of
all records kept in the Town, except those kept by the Assessor, and accordingly such
Clerk/Treasurer is the authority under § 45-10 of such records. The Town Assessor is
designated to be the legal custodian of his records and the authority under § 45-10.
§ 45-12. Access to records.
Access to records for the purpose of either inspection or copying may be had by giving an oral
or written notice to the legal custodian of the records, and it is further provided that the legal
custodian shall have at least 48 hours to locate and make available the requested record.
§ 45-13. Fees.
A.
Each authority shall impose a fee upon the requester of a copy of a record which may not
exceed the actual necessary and direct cost of reproduction and transcription of the
record, unless a fee is otherwise specifically established or authorized to be established
by law.
B.
Each authority shall impose a fee upon the requester of a copy of a record for the actual,
necessary and direct cost of photographing and photographic processing if the authority
provides a photograph of a record the form of which does not permit copying.
C.
Each authority shall impose a fee upon the requester of a record not in printed form on
paper, such as films, computer printouts and audio or video tapes, which may not exceed
the actual, necessary and direct cost of a copy of such record.
D.
Except as otherwise provided by law or as authorized to be prescribed by law, an
authority may impose a fee upon a requester for locating a record, not exceeding the
actual, necessary and direct cost of location, if the cost is $50 or more.
E.
A fee for the actual cost of mailing or shipping of copies of documents will be charged.
F.
A prepayment will be required of any expenses which exceed $5.
RECORDS
G.
An authority may provide copies of a record without charge or at a reduced charge where
the authority determines that waiving or reducing the fee is in the public interest.
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