Chapter 112

PUBLIC RECORDS: ACCESS AND RETENTION

ARTICLE I § 112-12. Engineering and public works records.
Access to Public Records § 112-13. Insurance records and policies.
§ 112-14. Journals, registers and ledgers.
§ 112-1. Definitions. § 112-15. Legal opinions.
§ 112-2. Access to public records § 112-16. Licenses and permits.
§ 112-3. Requests for public records. § 112-17. Borrowing records.
§ 112-4. Limitations on Right to Access. § 112-18. Park records.
§ 112-19. Payroll records.
ARTICLE II § 112-20. Public Safety Department records.
Records Management § 112-21. Public works projects and contracts.
§ 112-22. Purchasing records.
§ 112-5. Purpose; records not covered. § 112-23. Real property records.
§ 112-6. General provisions. § 112-24. Street and highway records.
§ 112-7. Accounting records. § 112-25. Tax calculation records.
§ 112-8. Board of Review records. § 112-26. Tax collection records.
§ 112-9. Budget and audit records. § 112-27. Clerk/Treasurer records.
§ 112-10. Building permits and inspection records. § 112-28. Other records.
§ 112-11. Election records. § 112-29. Severability.

[HISTORY: Adopted by the Town Board of the Town of Troy on March 11, 2010. (Amendments noted where applicable.]

ARTICLE I
Access to Public Records

This Article describes how the Town's records can be inspected and reproduced in response to enforceable Record requests, establishes the requirement that the Town's costs of doing so shall be reimbursed where appropriate and describes how a Record request is analyzed and when the Town may decline a request for a Record. The topic of public records access is extensively regulated by Wisconsin statutory and common law by federal law. To the extent that this Article differs from applicable law at the time a Record request is made, statutory and common state law and applicable federal law shall control the Town's response to any such request.

§ 112-1. Definitions.

For purposes of Article I of this Chapter and with reference to Town Records, the following terms have the following meanings:

Authority: Elected and appointed Town officials and employees having custody of Records.

Custodian: Clerk/Treasurer of the Town of Troy. The Clerk/Treasurer is the designated legal custodian for all elected and appointed Town officials and employees.

Record: Any material in any format that has been created by or is being kept by an Authority of the Town. Notes, drafts, preliminary computations and the like that have been prepared for an Authority's personal use or in the name of a person for whom the Authority is working are not Records. Neither are materials that are the Authority's personal property with no relation to their service to the Town, not are materials protected by copyright, patent or bequest, or published materials are available for sale or available for inspection at a public library.

§ 112-2. Access to public records.

A.	Except when otherwise provided by law, any person has the right to inspect a Record and to make or receive a copy of any Record under conditions set forth in Wis. Stats. § 19.35 and related state law.
B.	Records shall be available at the Troy Town Hall for inspection and copying during regular office hours.
C.	A person requesting to inspect or copy a Record shall have access to facilities comparable to those available to Town employees to inspect, copy or abstract a Record. Town staff shall have discretion to timely make copies or allow the person making the request to copy the Record, on-site.
D.	The Custodian may require supervision during Record inspection and may impose other reasonable restrictions on access to an original Record when the Record is irreplaceable or easily damaged.
E.	Copies of Records shall be located, made or provided for a fee, not to exceed the actual, necessary and direct reproduction and transcription. Fees shall also be collected for the cost of locating a record when estimated to be more than $50.00, and for the actual, necessary and direct cost of mailing, and of photography when a record cannot be copied by conventional means. The Custodian is authorized to waive or reduce fees upon a determination that doing so is in the public interest. The Custodian is authorized to require prepayment of fees where the total will exceed $5.00.

§ 112-3. Request for public records.

A. A request to inspect or copy a Town Record shall be directed to the Custodian or to the Deputy Clerk/Treasurer, the Custodian's designee. A request is sufficient when it describes the Record being requested with a reasonable level of specificity.

B. A Record request may be made orally. Except as provided in this Chapter or otherwise by law, no Record request shall be refused solely because the person making it refuses to identify himself or herself or state the purpose of the request. No Record request shall be refused solely because it is received by mail.

C. Anyone making a Record request will be required to present acceptable identification if the Record being requested will be accessed at a private residence, or when security reasons or federal law or regulations so require.

§ 112-4. Responding to Records Request.

A. When a Record is requested the Custodian shall, as soon as practical and without delay, either fill the request or notify the requestor of the Custodian's denial of the request, either in whole or in part, and the reason(s) for the denial.

B. If the Custodian determines that a Records request is so general as to be unduly time consuming to process or fulfill, then after conferring with the Town Attorney and before denying the request, the Custodian may ask the person making the request to itemize or otherwise rephrase the request with more specificity, and in a manner that will permit the Custodian to timely comply with the request.

C. When a request is made orally, the request may be denied orally unless, within five (5) business days of the oral denial, the person making the request demands a written statement setting forth the Custodian's reasons for denying it. When a request is made in writing and is then denied in whole or in part, the Custodian shall provide a written statement of the reasons for denying the request as part of the denial. In addition, every written denial of a Record request shall notify the person making that request that if the Record request was initially made in writing, then the Custodian's determination to deny that request is subject to review by application to the St. Croix County District Attorney, to the Wisconsin Attorney General or upon private petition for a writ of mandamus to the St. Croix County Court.

D. The Custodian shall analyze a Record request and decide whether and how to fulfill it by answering the following four questions:

(1) Does the Record exist?

a. If yes, then proceed to next question;

b. If no, then no Record access can be provided.

(2) Is access to the Record required by statute or court decision?

a. If yes, then provide Record requested;

b. If no, then proceed to next question.

(3) Is access to the Record prohibited by statute or court decision?

(a) If yes, then no Record access will be provided;

(b) If no, then proceed to next question.

(4) Does the common law balancing test, requiring the Custodian to balance the substantial public interest favoring Record disclosure against identified public interests favoring nondisclosure, compel access to the Record?

a. If yes, then the Record requested will be provided;

b. If no, then no Record access will be provided.

E. Written notice to any Record subject to whom a requested Record pertains of the Custodian's decision to release that Record shall be timely provided to the Record subject when required by state law, and the Record shall not be released during the time the Record subject is given to contest the Custodian's decision.

F. The Custodian shall consult with the Town Attorney as appropriate in analyzing Records requests and determining the appropriate and lawful response.

ARTICLE II
Records Management

§ 112-5. Purpose; records not covered.

A.	The purpose of this article is to establish a Town of Troy records retention schedule and authorize destruction of Town of Troy records pursuant to the schedule on an annual basis. Records custodians may destroy a record prior to the time set forth in the schedule only if such a record has been photographically reproduced as an original record pursuant to W.S.A. s. 16.61(7).
B.	Any record not covered by this article or any regulation or law shall be retained seven years unless the record is added by amendment into this article and the shorter time period is approved by the State Public Records Board.

§ 112-6. General provisions.

A.	Historical records. Under W.S.A. s. 19.21(4)(a), municipalities must notify the State Historical Society of Wisconsin (SHSW) prior to destroying records. However, the SHSW has waived the required sixty-day notice for any record marked "W" (waived notice). The SHSW must be notified prior to destruction of a record marked "N" (non-waived). Notice is also required for any record not listed in this article. "N/A" indicates not applicable and applies to any record designated for permanent retention. Other abbreviations include “FIS” (fiscal year), “EVT” (end of event) and “CR” (date of creation).
B.	Microfilming or optical imaging of records. Local units of government may keep and preserve public records through the use of microfilm or optical imaging, provided that the microfilm or optical imaging meets the applicable standards in W.S.A. s. 16.61(7) or 16.612. Retention periods and estimated costs and benefits of converting records between different media should be considered. After verification, paper records converted to microfilm or optical imaging should be destroyed. The retention periods identified in this article apply to records in any media. [Note: When optical disk is expressly authorized in the statutes for local government use, this section should be revised to include its use.]
C.	Destruction after request for inspection. No requested records may be destroyed until after the request is granted, or 60 days after the request is denied, and only if the retention period governing the particular record has expired. If an action is commenced under W.S.A. s. 19.37, the requested record may not be destroyed until after a court order is issued and all appeals have been completed. See W.S.A. s. 19.35(5).
D.	Destruction pending litigation. No record subject to pending litigation shall be destroyed until the litigation is resolved.
E.	Review and approval by Public Records Board. This article and the retention periods of less than seven years have been reviewed and approved by the Public Records Board.

§ 112-7. Accounting records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Accounts payable
Purchase invoices	FIS + 7 years	W
Vouchers	FIS + 7 years	W
Accounts receivable
A/R invoices	FIS + 7 years	W
Receipts	FIS + 7 years	W
Collection blotters	EVT + 1 year (after audit)	W

§ 112-8. Board of Review records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Form of objection to property assessment and supporting documentation	EVT + 7 years (after final action by Board of Review or completion of appeal)	W
Minute book of Board of Review	CR + 7 years	N
Proceedings of the Board of Review on audio tapes or as stenographic notes, including any transcriptions thereof	EVT + 7 years (after final action by Board of Review or completion of appeal)	W
Notice of determinations of the Board of Review	EVT + 7 years (after final action by the Board of Review or completion of appeal)	W

§ 112-9. Budget and audit records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Budget worksheets	FIS + 3 years	W
Final budget	Permanent	N/A
Audit reports	Permanent	N/A

§ 112-10. Building permits and inspection records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Applications and permits	EVT (life of structure)	W
Code compliance inspection reports	EVT (life of structure)	W
Inspection address file	EVT (life of structure)	W
Energy calculation worksheets	CR + 3 years	W
State-approved commercial building plans	EVT + 4 years	W
Permit fee receipts	FIS + 7 years (provided record has been audited)	W
Permit ledger	CR + 7 years	W
Town Attorney's case file, copy	EVT + 1 year (after case has been closed)	W
Quarter section maps, copies	EVT +(until superseded)	W
Records of the Board of Appeals on building matters (includes minutes of meetings of Board and supporting documents submitted to Board)	Permanent	N/A
Records of the Board of Appeals on zoning matters (includes minutes of meetings of Board and supporting documents submitted to Board)	Permanent	N/A
Records of the Plan Commission (includes minutes of meetings of Commission and supporting documents submitted to Commission)	Permanent	N/A

§ 112-11. Election records.

All materials and supplies associated with an election may be destroyed according to the following schedule, unless there is a recount or litigation pending with respect to the election:

Records/Materials	Period of Retention	SHSW Notice
Contents of a blank ballot box, unused ballots and materials	EVT + 3 business days after the canvas is completed	W
Ballots (state, county and local)	EVT + 30 days after the election recount date	W
Ballots (federal offices)^3	EVT + 22 months after the election	W
Applications for absentee ballots (for federal election ballots)	EVT + 90 days after the election (22 months after the election for federal office)	W
Forms associated with election, such as tally sheets, inspectors' statements and nomination papers	EVT + 90 days after the election (22 months after the election for federal office)	W
Official canvass statements	EVT + 10 years after the election	W
Registration and poll lists, nonpartisan primaries and elections	EVT + 2 years after the election for which they were created	W
Registration and poll lists, partisan primaries and general elections	EVT + 4 years after the election for which they were created	W
Canceled registration cards	EVT + 4 years after cancellation	W
Election notices	EVT + 1 year after the election (22 months for federal election)	W
Proofs of publication and correspondence relative to publication	EVT + 1 year after the election (22 months for federal election	W
Campaign registration statements	EVT + 6 years after termination by the registrant	W
Campaign finance reports	EVT + 6 years after date of receipt	W

§ 112-12. Engineering and public works records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Field notes	Permanent	N/A
Benchmark books	Permanent	N/A
Section corner monument logs	Permanent	N/A
Aerial photographs	EVT (until superseded)	W
Town maps	Permanent	N/A
Water, storm and sanitary sewer main maps	Permanent	N/A
Profile and grade books	Permanent	N/A
Excavation plans of private utilities	Permanent	N/A
Index to maps	Permanent	N/A
Preliminary subdivisions plats	EVT (until superseded by final plat)	W
Final subdivision plats	Permanent	N/A
Annexation plats	Permanent	N/A
Assessor's plats	Permanent	N/A
Structure plans for municipal buildings and bridges	EVT (life of the structure)	N
Annual reports	Permanent	N/A
Records of the Board of Public Works (includes minutes of the meetings of the Board and supporting documents submitted to the Board)	Permanent	N/A
Records of the Plan Commission (includes minutes of the meetings of the Commission and supporting documents submitted to the Commission)	Permanent	N/A
Records of the Board of Appeals (includes minutes of the meetings of the Board and supporting documents submitted to the Board)	Permanent	N/A
House number and address change file	Permanent	N/A
Street vacations and dedications, copies	EVT (retain for active reference life)	W
Permits (includes permits for the excavation of streets by private utility companies)	EVT + 3 years	W
Petitions for street and sewer systems	EVT + 2 years	W
Special assessment calculations	EVT + 2 years	W
Televised sewer inspection records	EVT (until superseded)	W
State highway aids prog. records	FIS + 7 years	W

§ 112-13. Insurance records and policies.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Policy	FIS + 7 years	W
Policy bids, unsuccessful	EVT + 1 year	W
Claims	EVT + 7 years	W

§ 112-14. Journals, registers and ledgers.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Receipts journal	FIS + 15 years	W
Voucher/order register	FIS + 15 years	W
General journal	FIS + 15 years	W
Journal voucher	FIS + 15 years	W
General ledger	FIS + 15 years	W
Trial balance	EVT (until audited)	W

§ 112-15. Legal opinions.

Legal opinions rendered shall not be destroyed and shall be retained permanently.

§ 112-16. Licenses and permits.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Liquor, beer and tobacco related license applications	EVT + 4 years	W
All liquor and beer related license stubs	CR + 4 years	W
Other	CR + 3 years	W
Dog licenses report to County Clerk Burning Permits Fireworks Permits	CR + 3 years CR + 5 years CR + 4 years	W W W

§ 112-17. Borrowing records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Bond procedure record	EVT + 7 years (after bond issue expires)	W
Bond register	EVT + 7 years (after bond issue expires)	W
Bond payment register	EVT + 7 years (after bond issue expires or following payment of all outstanding matured bonds/notes/coupons, whichever is later)	W
Canceled bonds, coupons and promissory notes	EVT (until audited)	W
Certificates of destruction	EVT + 7 years (after bond issue expires or following payment of all outstanding matured bonds/notes/coupons, whichever is later)	W

§ 112-18. Park records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Master Park Plan	Permanent	N/A
Plats	Permanent	N/A
Aerial photographs	Permanent	N/A
Reservation requests	CR + 30 days; if payment receipts are attached, CR + 7 years, provided that record has been audited	W
Records of the Park Board (includes minutes of the meetings of the Board and supporting documents submitted to the Board)	Permanent	N/A

§ 112-19. Payroll records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Payroll support records	FIS + 2 years	W
Employee's withholding allowance certificate	EVT + 5 years (after being superseded)	W
Employee's Wisconsin withholding exemption certificate	EVT + 5 years (after being superseded)	W
Employee earning records	FIS + 5 years	W
Payroll check register	FIS + 5 years	W
Payroll distribution record	FIS + 5 years	W
Wage and tax statement	FIS + 5 years	W
Employer's annual reconciliation of Wisconsin income tax withheld from wages	FIS + 5 years	W
Federal deposit tax stubs	FIS + 5 years	W
Quarterly report of federal income tax withheld	FIS + 5 years	W
Annual report of federal income tax withheld	FIS + 5 years	W

§ 112-20. Public Safety Department records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Ordinance citations	EVT + 2 years (after closed)	W

§ 112-21. Public works projects and contracts.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Notice to contractors	EVT + 7 years (after completion of project)	W
	EVT + 2 years (for unsuccessful bidders)	W
Certified check	EVT (retain until contract has been signed and return to bidder)	W
Bid bond	EVT + 7 years (after completion of project)	W
	EVT + 2 years (for unsuccessful bidders)	W
Bidder's proof of responsibility	EVT + 7 years (after completion of project)	W
	EVT + 2 years (for unsuccessful bidders)	W
Bids	EVT + 7 years (after completion of project)	W
	EVT + 2 years (for unsuccessful bidders)	W
Affidavit of organization and authority	EVT + 7 years (after completion of project) EVT + 2 years (for unsuccessful bidders)	W
Bid tabulations	EVT + 2 years	W
Performance bond	EVT + 7 years (after completion of project)	W
Contract	EVT + 7 years (after completion of project)	W
Master project files	EVT + 20 years (after life of structure)	N
Blueprints	EVT (until superseded by the as-built tracings)	W
As-built tracings	EVT (life of the project)	N

§ 112-22. Purchasing records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Bids, successful	EVT + 7 years (after contract has expired)	W
Bids, unsuccessful	EVT + 1 year (after PO issued)	W

§ 112-23. Real property records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Deeds	Permanent	N/A
Plats	Permanent	N/A
Easements, including conservation	Permanent	N/A
Leases	EVT + 7 years (after termination of lease)	W
Vacation or alteration of plat Developers Agreement Transfer of Development Rights	Permanent Permanent Permanent	N/A N/A N/A

§ 112-24. Street and highway records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Street maintenance and repair	CR + 25 years	W
Heavy equipment and vehicle	EVT (life of equipment and/or vehicle inventory ledger or until inventory ledger is superseded)	W
Vehicle maintenance histories	EVT (life of vehicle)	W

§ 112-25. Tax calculation records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Tax levy certification of School District Clerk	FIS + 3 years	W
Certificates of apportionment	FIS + 3 years	W
State shared aid payment notices	FIS + 6 years (provided record has been audited)	W
Final worksheet for determining allowable levy	FIS + 5 years	W
Statement of taxes	Permanent	N/A
Statement of new special assessments	FIS + 5 years	W
General property tax credit certification	FIS + 5 years	W
Explanation of property tax credit certification	FIS + 5 years	W
Real property tax roll	EVT (record is transferred to the County Treasurer)permanent	N
Personal property tax roll	FIS + 15 years	N

§ 112-26. Tax collection records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Statement of taxes remaining unpaid	EVT (retain with tax roll)	W
Tax settlement receipt	FIS + 5 years	W

§ 112-27. Clerk/Treasurer records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period Of Retention	SHSW Notice
Cashbook	FIS + 15 years	W
Bank reconciliations	FIS + 7 years	W
Bank statements	FIS + 7 years	W
Lists of outstanding checks	FIS + 7 years	W
Check register	FIS + 7 years	W
Duplicate deposit tickets	EVT + 1 year (after audit)	W
Bank credit/debit notices	EVT + 1 year (after audit)	W
Investment records	FIS + 7 years	W
All receipts	FIS + 7 years	W

§ 112-28. Other records.

The following public records may be destroyed after the expiration of the designated retention period:

Records	Period of Retention	SHSW Notice
Minute books	Permanent	N/A
Audio tapes	CR + 1 year; 90 days if made solely for the purpose of drafting the minutes	W
Ordinances	Permanent	N/A
Resolutions	Permanent	N/A
Ordinance book	Permanent	N/A
Affidavits of publication School District Petitions Town Board (includes minutes of the meetings of the Board and supporting documents submitted to the Board)	CR + 3 years 5 years Permanent	W W N/A

§ 112-29. Severability.

A judicial determination that any portion of this chapter is invalid shall not invalidate the entire chapter but only the portion identified by the court. Any such determination of invalidity shall not operate retroactively.