§ 3.04.040. Public records retention and destruction.

A.

Purpose. The purpose of this chapter of the city of Juneau 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.

B.

Definitions.

"Legal custodian" means the individual responsible for maintaining records pursuant to Section 19.33, Wisconsin Statutes.

"Record" has the meaning defined in Section 19.32(2), Wisconsin Statutes.

"Requester" has the meaning defined in Section 19.32(3), Wisconsin Statutes.

"Retention period" means the minimum required period of time that a document will be maintained as described in this chapter.

C.

Duty to Maintain. City of Juneau legal custodians shall maintain all records for the retention period, and for any additional time period as described in this section, if applicable. Thereafter after the State Historical Society has waived receipt of the records, the legal custodian may destroy the records.

D.

Retention Period.

1.

The city of Juneau 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 Juneau. Such resolution may be amended from time to time, as described in this section, and the resolution and any amendments thereto are incorporated in this section by reference.

2.

The initial retention schedule resolution that is adopted contemporaneously with this chapter has been reviewed and approved along with this chapter 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 documents to the schedule, unless those reductions or retention periods for additional documents are first reviewed and approved by the Wisconsin Public Records and Forms Board.

3.

Any record that is not described in the retention schedule shall be maintained for a minimum of seven years, and may be destroyed thereafter unless a longer retention period is required in this section, or by state statute, rule, or other applicable law.

E.

Notice to State Historical Society.

1.

Historical Records. Notification to State Historical Society of Wisconsin under Wisconsin Statutes Section 19.21(4)(a) local government units must notify the State Historical Society of Wisconsin (SHSW) sixty (60) days prior to destroying records. The SHSW has waived the required sixty (60) day notice for any record designated "waived" (notification requirement waived) in the retention schedule. The SHSW must be notified sixty (60) days prior to destruction of any record designated with "notify" (notification required). "N/A" indicates not applicable and applies to any record designated for permanent retention with the original custodian.

Notice to SHSW is also required prior to the destruction of any record not listed in this schedule.

F.

Additional Retention Periods.

1.

In addition to the retention period described in the retention schedule, records shall be maintained for the following additional time periods:

a.

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 Section 19.35(5), Wisconsin Statutes has passed from the date of the denial.

b.

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 Section 19.37, shall not be destroyed until the final court order is issued in the action and the appeals are exhausted, as further described in Section 19.35(5), Wisconsin Statutes.

c.

A record that is known by the legal custodian to be relevant to litigation that is pending at the time that the record would otherwise be destroyed, shall not be destroyed until the litigation is resolved.

G.

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 Section 19.21(4)(c), Wisconsin Statutes, and such reproduction shall be deemed an original record for all purposes, in accordance with Section 19.21(4)(c), Wisconsin Statutes.

H.

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 Section 19.35, Wisconsin Statutes, and in the same manner.

I.

Photocopying Charges. A requester shall pay a fee as established from time to time by the council 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 Section 19.35(3), Wisconsin Statutes.

J.

Statutes Incorporated. All state statutes incorporated or referenced in this section shall be deemed to include all subsequent amendments, repeals, and renumbering that may be enacted regarding the same, in order to ensure uniform statewide regulation of public records.

K.

The several sections of this chapter are declared to be severable. If any section or portion thereof is declared by a decision of a court 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 which shall remain in full force and effect.

Any other ordinance whose terms are in conflict with provisions of this chapter are repealed as to those terms that conflict.

(Ord. 118-2005)