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ORD19999880 0 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #988 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 5 OF THE CITY OF MUSKEGO MUNICIPAL CODE RELATING TO PUBLIC RECORDS THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: Section 1. Chapter 5 of the Municipal Code of the City of Muskego, Wisconsin, entitled ”Public Records” is hereby repealed and recreated as follows: CHAPTER 5 - PUBLIC RECORDS 5.01 PURPOSE The purpose of this Chapter of the City of Muskego Municipal Code is to specify retention periods for certain City Records and to allow access to Records to the same extent, and in the same manner, as allowed by state law. 5.02 DEFINITIONS (1) “Legal Custodian” means the individual responsible for maintaining records pursuant to 519.33, Wisconsin Statutes. (2) “Record” has the meaning defined in §19.32(2), Wisconsin Statutes. (3) “Requester“ has the meaning defined in 519.32(3), Wisconsin Statutes. (4) “Retention Period” is the minimum required period of time that a document will be maintained as described in 55.04 of this Chapter 5.03 DUTY TO MAINTAIN City of Muskego Legal Custodians shall maintain all Records for the Retention Period, and for any additional time period as described in s5.06, below, if applicable. Thereafter, after the State Historical Society has waived receipt of the Records (see 55.05, below), the Legal Custodian may destroy the Records. 5.04 RETENTION PERIOD 0 The City of Muskego Common Council, by separate Resolution, shall adopt a schedule which describes the minimum time periods for which Records shall be maintained by a Legal Custodian of the City of Muskego. Said Resolution may be amended from time to time, as described below, and the Resolution and any amendments thereto are incorporated herein by reference. The initial Retention Schedule Resolution that is adopted contemporaneously with this ordinance has been reviewed and approved along with this ordinance by the State of Wisconsin Public Records and Forms Board. The Retention Schedule Resolution shall not be modified in a manner that reduces the retention periods described in the initial Retention Schedule Resolution, or which adds additional additional documents are first reviewed and approved by the Wisconsin Public Records and Forms Board. 0 I documents to the schedule, unless those reductions or retention periods for Any Record that is not described in the Retention Schedule shall be maintained for retention period is required by 55.06, below, or by state statute, rule, or other applicable law. 1. a minimum of seven (7) years, and may be destroyed thereafter unless a longer I I. 5.05 NOTICE TO STATE HISTORICAL SOCIETY The Wisconsin State Historical Society has waived the notice that would otherwise be required prior to destruction of certain Records as described in the Retention Schedule. The Retention Schedule Resolution shall not be modified in a manner that waives notice to the Wisconsin State Historical Society, or which adds additional documents to the schedule and waives notice of their destruction, unless those waivers are first reviewed and approved by the Wisconsin Public Records and Forms Board and the Wisconsin State Historical Society. In the event that the Retention Schedule does not specifically note the Wisconsin State Historical Society's waiver regarding any particular Record, then the Wisconsin State Historical Society must be given sixty (60) days written notice prior to destruction of the Record, as described in 519.21(4) (a), Wisconsin Statutes. 0 5.06 ADDITIONAL RETENTION PERIODS In addition to the retention period described in the Retention Schedule, Records shall be maintained for the following additional time periods: (1) A Record that is existing at the time of a request shall not be destroyed until after the request is granted, or in the event the request is denied until at least the time period described in 519.35(5), Wisconsin Statutes has passed from the date of the denial. (2) A Record that is existing at the time that the Legal Custodian receives written notice that a mandamus action relating to the record has been commenced pursuant to 519.37, shall not be destroyed until the final court order is issued in the action and the appeals are exhausted, as further described in 519.35(5), Wisconsin Statutes. (3) A Record that is known by the Legal Custodian to be relevant to litigation or audit that is pending at the time that the Record would otherwise be destroyed, shall not be destroyed until the litigation or audit is resolved. 5.07 REPRODUCED ORIGINAL RECORDS Records may be kept and preserved through the use of microfilm or another reproductive device, optical imaging, electronic formatting, or any other reproduction format authorized by §19.21(4) (c ), Wisconsin Statutes, and said reproduction shall be deemed an original record for all purposes, in accordance with §19.21(4) (c ), Wisconsin Statutes. 5.08 PUBLIC ACCESS All Records maintained by a Legal Custodian shall be made available for inspection, copying, or other use that is authorized by state law, to the same extent as allowed by Wisconsin state statutes, including, but not limited to, 519.35, Wisconsin Statutes, and in the same manner 5.09 PHOTOCOPYING CHARGES A Requester shall pay a fee of twenty-five cents ($0.25) per page for a photocopy of a Record, unless the Requester is specifically excluded from payment of the fee by state law. The Requester also shall pay such other fees as may be charged pursuant to state law, including, but not limited to, §19.35(3), Wisconsin Statutes. 5.10 STATUTES INCORPORATED All state statutes incorporated or referenced herein shall be deemed to include all subsequent amendments, repeals, and re-numbering that may be enacted regarding the same, in order to ensure uniform statewide regulation of public records. Section 2. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portions thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with provisions of this ordinance are hereby repealed as to those terms that conflict. Section 3. This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 13th DAY OF July ,1999. CITY OF MUSKEG0 elis, Mayor 0 ATTEST. I(. I/vlmQ+" Published on the 22"d day of July 1999 First reading: 6/22/99 STATE OF WISCONSIN ) Milwaukee County 1 0fficiai"Notice ) ss. d c5%%=%i COUNCU. CE 1088 AN ORDINANCE To REPEAL AND RECREATE CHAPTER 5 OF TBE MUNICIPAL CODE RELATING CITY OF MUSKEGO To PZTBLIC RECORDS THE COMMON COUNCIL OF THE CITY OF MUSKEGO. WAUKESHACOUNTY. WISCONSIN, DO ORDAIN AS FOLLOWS: City of Muskego. Wisconsin. entitled "Publie -. Chapter 5 of the Municipal Code of the Records'"is hereby repealed and recreated as fol. lows: CHAPTER 5 -PUBLIC RECORDS The purpose of this Chapter of the City of Muskego Municipal Cod& is to apecify.retention periods for certain City Recorda and to allow access ! to Raeords to the aame extent. and in the same manner, as allowed by state law. - responsible far maintaining records pursuant to 11) "Legal Custodmn" means the individual 619.33. Wisconsin Statutes. 12) "Record has the meaning defined io 619.32(2). Wisconsin Statutes. (3) "Requester" has the meaning dehed in E19.3213). Wisconsin Statutes. 14) "Retention Period is the minimum reauired period of time that B document will be maintkned &described in h5.04 of thia Chapter, tain all Records for the Retention Period. and for City of Muskego Legel Custodians shall main. any additional time period 88 described in 65.06. below. ifepplicable. TheresRer. afler the State His- torical Socidty has waived receipt of the Records - (see $5.05. below). the Legal Custodian may destroy the Records - ~ ~~ ~ - The City of Muskego';lommon Council. by ~epa- rate. Resolution. shall adopt a schedule which, of the City .of. Mu6kego:- Said. Resolution- may be : amended from time to time. ns descnbed below. and ' the Resolution and any amendments thereto are ineorpurate$ herein by reference. The initial Retention'Schedule Resolution that is adopted contemporaneously with this ordinance ordinance by the State of Wisconsin Public Records has been reviewed and approved along with this and Forms Board The Retentton Schedule Resolu- tion shall not be modified in R manner that reduce:" the retention permods described m the initial Reten- tmn Schedule Resolution, or whlch adds additional documents to the schedule, unless those reductions or relention penods far addwonal documents are firrr reviewed and approved by the Wisconsin Pub. lic Records and Forme Board. Any Record that is not described in the Reten- tiou Schedule shall be maintained for a mlnlmum of seven (71 years. and may be destroyed thereafter unleh~ a longer retention period is required by 95.06. below. or by state statute. rule. or other applicable law. P u,aived the notm that would othenwse be required The Wisconsin State Historical Society has pcior to destruction of certain Records as described I" the Retention Schedule. The Retention.Schedule Resolution shall not be madtfied in a manner that wawes notice to the W&eonsm State Histoncal Society, orwhmch adds additnonol documents to the schedule and waives notice of then destruction. unless those waivers are' first rewewed and Forms Board and the W8dconsln State Histprieal approved by:the Wmonsin Public Records and SOLEtY not specifically note the Wisconsin State Historical In the event that the Retention Schedule does Society's waiver regarding any padicular Record. then the Wmconrin Stat; Historical Society, must, be given sixty (60) days written notnce pnor to. destruction of the Record, as described in $ 19.21 (4) (a). Wisconsin Statutes. the Retantion Schedule,, Records shhll be main.. hadditian to the retention petiod,desetibed in tamed for the following additional time periods: 11) A Record that is-existing at the time of B request shall not be destroyed until aRer the denied until at least the time Geriod descrrbed in request is granted:or in the event the request is 919.3515). Wlsconrrn Statutes has passed from the date of the demal. Legal Custodian meewes written notnce that a (2) A Record that is existing at the time that the mandamus actid" relating to the record has been deelmyed until the Qnal court order 1s issued in the coFmenced pursuant to 819.37. shall. not be actton and the appeals are exhausted. as further described in $19.35(5), Wisconsin Statutes !3) A Record that la known by the Legal Custodi- an to,be relevsnt to litigation or audtt that is pend. desthyed. shall not be destroyed until the liliga- ing at the time that the Record would otherwme be -,,inn a,,.li<.i. rssnlun.( Suzanne Sobczyk being duly sworn, doth depose and say that she is an authorized representative of The MUSKEGO SUN, a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on ......... ................ .... - ...... d.U!4.. Jd ................. ......... ..................... ..... .................................... (Signed).. ....... EPER Subscribed and ....... day of.. ........ ..... .) 19.. . .q9.. .... %Public, Milw&eI&bp isconsin My Commw.lon expires.. . a. ................ ........ ^" Records may be kept and preserved through the optical imaging. electronic formatting, or any,other Use of mlcrdfilm or another reproductive device. reprodudion format authorized by: 619.21(41 IC). Wisconsin Statutes, and said reorddvctidn shell be deemed an original record for all purpases. m Bccol. dance with $19.21(4) (cl %is&msin'Statutes , All Records maintained by a ,Legal Custodian other use that is authotired by Mate law, to the shall be made available for mspeetion. eipying, Or same extent 88 allowed by Wieconsin state atatutes, including. but not limited to. 919.35. Wisconsin Statutes. and in the same manner. ' .- !V ($0.251 per page for a photocopy of a &'cord, unless :the Requ,ester is specifically excluded from pay. ment of the fee by state law. The Requester also shall pay such other.feees is msv.be charied our-. A Requester shall pay a fee.of twentyfive cents suanIlo alate law. including. bit not limited to, 913.3513). Wisconsin Statutes. -. I herein shell be deemed to include all subsequent All state statutes incorporated or referenced amendments. repals. and rvnumbering that may be enacted regarding.the mme. in order M ensure uniform statewide regulation of public records. are declared to be =verable:lf any section or por- S,ecUm& The several sections of this ordinance 1x0" thereof shall be declared by B decision of a eauti offampeientjurisdictior;to be iwslid, unlaw. ful. or unenforceable,,svch decision shall apply only to the specilic section or portion thereof directly specified m the decision. and not affect the validity of all other provisions. sections. or portions thereof 'of the ordinance which &hall -main in full force and effect: Any oaer ardin&ce:yhose tsrms nre in conflict yith pmvis.om~of ~ brdinm& are here- by repeaidas to those ks thal conflict. and em~t from and after 11s passage and publiea- W. This ordinance shall be m full force tiqn: July 1999. PASSEDAND-APPROVED THIS I~TH DAY OF - CITY OF MUSKEGO D.pd L. DeJngelts. Mayor ATTEST. Clerk-Treasurer ....... ....