ORD1982451ORDINANCE #451
AN ORDINANCE TO CREATE CHAPTER 5 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Re Open Records)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION 1 Chapter 5 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby created and made a part of the
Municipal Code as adopted by Ordinance #451.
SECTION 2 A copy of ;said ordinance has been on file in
the Office of the City Chrk and open to public inspection
for not less than two wee:ks prior to the date of this ordinance
and said ordinance is hereby incorporated into the Municipal
Code of the City. Text is available and will become effective
January 1, 1983.
sistent with or contravening this ordinance are hereby repealed.
SECTION 3 All ordinances or parts of ordinances incon-
and publication and on and after January 1, 1983.
SECTION 4 This ordinance shall be in effect upon passage
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WaQe G. Salentine, Mayor
City Clerk -4
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ORDINANCE # 451
AN ORDINANCE REGULATING PUBLIC RECORDS
AND ACCESS THERETO IN THE
CITY OF MUSKEGO
The Common Counci:L of the City of Muskego, Wisconsin, do
ordain:
- SECTION I.
PUBLIC RECORDS.
Definitions.
(a) "Authority" means any of the following City persons
or entities having custody of a City record; any office, elected
official, agency, board, commission, committee, council, department
or public body corporate and politic created by constitution, law,
ordinance, rule or order; 01' a formally constituted subunit of the
foregoing City.
(b) "Custodian" means that officer, department head,
division head, committee chairman, or employe of the City desig-
nated herein 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 ordinance to
respond to requests for access to such records or files.
(c) "Record" or "files" means any materiel on which i
b ; written, drawn, printed, spoken, visual or electromagnetic infor-
mation is recorded or preserved, regardless of physical form /.
or characteristlcr, which has been created' or le being kept by i:
am authority. "Record" includes, but i6 not limited to, hand-
written, typed or printed pa;5es, maps, charts, photographs, films,
recordings, tapes (including computer types), and computer print-
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outs. "Record" does not include drafts, notes, preliminary com-
putations 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
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 public library which are available
for sale, or which are available fox inspection at a public library.
- SECTION 2.
DUTY TO PIAINTAIN RECORDS.
(a) Except as p-rovided under Section 7, each officer and
employe of the City shall :safely keep and preserve all records
received from his or her p:cedecessor or other persons and required
by law to be filed, deposited or kept in his or her office or which
are in the lawful possession or control of the officer or employe
or his or her deputies, or to the possession or control of which he
or she or they may be lawfully entitled as such officers or em-
ployes.
(b) Upon the expiration of an officer's term of office
or an employe's term of employment, or whenever the office or
position of employment becomes vacant, each such officer or employe
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 employe, who shall file said receipt with the City Clerk
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a If a vacancy occurs before a successor is selected or qualifies,
such records shall be delivered to and receipted for by the Clerk,
on behalf of the successor, to be delivered to such successor upon
the latter's receipt.
SECTION 3.
LEGAL CUSTODIAN(S).
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(a) Each elected official is the legal custodian of
his or her records and the records of his or her office, but
the official may designate an employe of his or her staff to
act as the legal custodian.
(b) Unless othe:cwise prohibited by law, the Clerk or the
Clerk's designee shall act as legal custodian for the City and for
any committees, commissions, boards, or other authorities created
by ordinance or resolution of the Common Council.
(c) For every authority not specified above, the author-
ity's chief administrative officer is the legal custodian for
the authority, but the offi-cer may designate an employe of his
or her staff to act as the legal custodian.
Id) Each legal custodian shall name a person to act
as legal custodian in his cIr her absence or the absence of his
or her designee.
Alternative (a) The City Clerk, or in his or her absence
a or disability or in case of vacancy, the deputy clerk, is hereby
designated the legal custodian of all City records.
(e) The legal custodian shall have full legal power
to render decisions and to carry out the duties of an authority
under subchapter 11 of chapter 19, Stats., and this section.
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The designation of a legal custodian does not affect the powers
and duties of an authority under this section.
(E) The following public officials are deemed to be the
official custodian of their records: (This is in addition to the
foregoing paragraphs and is not intended to be inclusive of all
City records. )
1. Clerk - custodian of all records of the City and all
records required by the City to be kept. (See subsection (b)
above. )
2. Treasurer - all records of the treasurer shall be
kept by the City Treamre?
3. Building inspector - all records of the building
inspector shall be kept by the Building Inspector
4. Assessor - all records of the assessor shall be kept
by the Assessor .
5. Plan Commission - all records of the Plan Commission
shall be kept by the Plan Commission Secretary.
6. 'Weed: Coinm.iLsAsioner- -i.allf:recoEds.. .of:khe- Weed :Ebmmissioner
.sllall be kept. by the Supt. of Public Works
7. Police Department - all records of the Police Depart-
ment shall be kept by the Services Division Commander
8. Board of Appeals - Secretary
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10. Parks Department - Park Supervisor
11. Recreation Department - Recreation Supervisor
0 12. Department of Public Works - Supt. of Public Works
13. Library - Library Klirector
SECTION 4.
PUBLIC ACCESS RECORDS.
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(a) Except as provided in Section 6, any person has a
right to inspect a record ,and to make or receive a copy of any
e record as provided in sec. 19.35(1), Stats.
(b) Records will be available for inspection and copying
during all regular office hours.
(c) If regular oEfice 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 faci
comparable to those availa'ble to City employes to inspect
abstract a record. All copies requested shall be provided by the
City Clerk
a (e) The legal custodian may require supervision during
inspection or may impose o.ther reasonable restrictions on the
manner of access to an original record if the record is irreplace-
able or easily damaged.
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e (f) A requester shall be charged a fee to defray the
cost of locating and copyi-,g records as follows:
1. The cost of photocopying shall be $ .25 per page.
0 Said cost has been calculated not to exceed the actual, necessary
and direct cost of reproduction.
2. If the form ,af a written record does not permit
copying, the actual and ne':essary cost of photographing and photo-
graphic processing shall b': charged.
3. The actual full cost of providing a copy of other
records not in printed form on paper, such as films, computer
printouts and audio- or video-tapes, shall be charged. e 4. If mailing 0.r 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 the.refor exceeds $50.00, in which case
the actual cost shall be d,ztermined 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 e Muskego 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.
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(g) Pursuant to sec. 19.34, Stats., and the guidelines
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 description 0 of its organization and th'z established times and places at which,
the legal custodian from whom, and the methods whereby, the public
may obtain information and access to records in its custody,
make requests for records, or obtain copies of records, and the
costs thereof. (Each authority shall also prominently display
at its offices, for the guidance of the public, a copy of (sec.
19.31 to 19.39, Stats.) (Szctions 4 through 6 of this ordinance)).
This subsection does not apply to members of the Common Council. a - SECTION 5.
ACCESS PROCEDURES.
(a) A request t'3 inspect or copy a record shall be
made to the legal custodia~n. A request shall be deemed sufficient
if it reasonably describes the requested record or the information
requested. However, a requzst for a record without 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 the requ,zst is commenced under sec. 19.37, e Stats. Except as provided below, no request may be refused because
the person making the requzst is unwilling to be identified or
to state the purpose of th'z request. No request may be refused
because the request is reczived by mail, unless prepayment of
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0 a fee is required under Section 4 (f) 6. A request may be re-
quired to show acceptable identification whenever the requested
record is kept at a private residence or whenever security reasons
e or federal law or regulations so require.
- (b) Each custodian, upon request for any record, shall,
as soon as practicable and without delay, either fill the request
or notify the requester of the authority's determination to deny
the request in whole or in part and the reasons therefor. If
the legal custodian, after conferring with the City attorney, deter-
mines that a written request is so general as to be unduly time
consuming, the party making the request may first be required e to itemize his or her request in a manner which would permit
reasonable compliance.
(c) A request for a record may be denied as provided in
sub. (6). If a request is made orally, the request may be denied
orally unless a demand for a written statement of the reasons
denying the request is made by the requester within five business
days of the oral denial. If a written request is denied in whole
or in part, the requester shall 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 review upon petition for a writ of mandamus under sec. 19.37(1),
Stats., or upon application to the attorney general or a district
attorney.
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- SECTION 6.
LIMITATIONS ON RIGHT TO ACCESS.
(a) As provided by sec. 19.36, Stats., the following
records are exempt from inspection under this section: e 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
obtained for law enforcement purposes if federal law or regulations
require exemption from dis-losure or if exemption from disclosure
is a condition to receipt 'sf aids by the state;
e 3. Computer prosrams, although the material used as
input for a computer program or the material produced as a product
of the computer program is.subject to inspections; and
4. A record or .any portion of a record containing
information qualifying as ,a common law trade secret.
(b) As provided by sec. 43.30, Stats., public library
circulation records are exempt from inspection under this section.
(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 determines
that the harm to the publim: interest resulting from disclosure
would outweigh the public interest in full access to the requested
record. Examples of matter; for which disclosure may be refused
include, but are not 1imitt.d to, the following
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1. Records obtained under official pledges of confi-
dentiality which were necessary and given in order to obtain the
information contained in them.
2. Records of current deliberations after a quasi-judi-
cial hearing.
3. Records of current deliberations concerning employ-
ment, dismissal, promotion, demotion, compensation, performance,
or discipline or any City officer or employe, or the investigation
of charges against a City officer or employe, unless such officer
or employe consents to such disclosure.
4. Records concerning current strategy for crime detec-
tion or prevention.
5. Records of current deliberations or negotiations
on the purchase of City property, investing 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 substantial adverse effect upon the
reputation of any person referred to in such history or data.
7. Communications between legal counsel for the City and
any officer, agent or employe of the City, when advice is being
rendered concerning strategy with respect to current litigation in
which the City or any of its officers, agents or employes is or is
likely to become involved, or communications which are privileged
under sec. 905.03, Stats.
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(d) If a record contains information that may be made
public and information that may not be made public, the custodian
of the record shall provide the information that may be made
public and delete the information that may not be made public
from the record before release. The custodian shall confer with
the City attorney prior to releasing any such record and shall
follow the guidance of the City attorney 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
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e withheld from disclosure.
- SECTION 7.
DESTRUCTION OF RECORDS.
(a) City officers may destroy the following nonutility
financial records of which they are the legal custodians and
which are considered obsolete, after completion of any required
audit by the bureau of municipal audit 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:
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1. Bank statements;
2. Canceled checks;
3. Receipt forms;
4. Vouchers.
(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 by the
bureau of municipal audit or an auditor licensed under chapter 442
of Wisconsin Statutes, subject to state public service commission
regulations, but not less than seven years after the record was
effective 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. Contracts;
2. Excavation permits;
3. Inspection records.
(c) City officers may destroy the following records of
which they are the legal custodian and which are considered obso-
lete, but not less than seven years after the record was effective
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.,
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and then after such a shorter period.
1. Old insurant,? policies;
2. Election notices;
3. Cancelled registration cards.
(d) Unless notice is waived by the state historical
.society, at least 60 days’ notice shall be given the state histor-
ical 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 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.
:SECTION a
PRESERVATION THROUGH MICROFILM.
Any City officer, or the director of any department or
division of City government may, (subject to the approval of the
Common Council) keep and preserve public records in his or her
possession by means of mic:rofilm or other photographic reproduction
method. Such records shall meet the standards for photographic
reproduction set forth in sec. 16.61(7)(a) and (b), Stats., and
shall be considered original records for all purposes. Such records
shall be preserved along with other files of the department or
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division and shall be open to public inspection and copying accord-
ing to the provisions of state law and of Sections (4) through (6)
of this ordinance.
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- SEXTION 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 competent jurisdiction to be
invalid, the decision shall. not affect the validity of this ordi-
nance.
SECTION 10.
EFFECTIVE DATE.
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This ordinance shall take effect upon passage and publi-
cation as provided by law.
Adopted this " a, 8 day of D€CE~\&E/C, 1982.
COMMON COUNCIL OF THE - CITY OF MUSKEGO
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City Clerk
Published:
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