Chapter 13: Records Retention
13.01 PURPOSE.
The purpose of this ordinance is to establish a Town of Dunkirk records retention schedule and authorize destruction of Dunkirk 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 or converted to optical disk format pursuant to section 16.61 (7), Wis. Stats. Any record not covered by this ordinance or any regulation or law shall be retained 7 years unless the record is added by amendment into the ordinance and the shorter time period is approved by the state Public Records and Forms Board.
13.02 DEFINITIONS.
(1) "Legal Custodian" means the individual responsible for maintaining records pursuant to Section 19.33, Wis. Stats.
(2) "Record" has the meaning defined in Section 19.32 (2), Wis. Stats.
13.03 GENERAL PROVISIONS.
(1) HISTORICAL RECORDS-NOTIFICATION TO STATE HISTORICAL SOCIETY OF WISCONSIN
(A) Under s. 19.21 (4)(a), Wis. Stats., municipalities must notify the State Historical Society of Wisconsin (SHSW) prior to destroying records. However, the SHSW has waived the required statutory 60 day notice for any record designated in the retention schedule with "Waived" (waived notice). The SHSW must be notified prior to destruction of any record designated with "Notify" (not waived). "NIA" indicates not applicable and applies to any record designated for permanent retention with the original custodian.
(B) Notice to the SHSW is also required for any record not listed in this ordinance.
(2) MICROFILMING OR OPTICAL IMAGING OF RECORDS
Local units of government may keep and preserve public records through the use of microfilm or optical imaging providing the microfilm or optical imaging meets the applicable standards in sections 16.61 (7), Wis. Stats., (microfilm) and 16.612, Wis. Stats, (optical imaging). Retention periods and estimated costs and benefits of converting records between different media should be considered in deciding which records to microfilm or store in optical disk format. After verification records converted to microfilm or optical imaging should be destroyed. The retention periods identified in this ordinance apply to records in any media.
(3) 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. Ifan action is commenced under Section 19.37, Wis. Stats., the requested record may not be destroyed until after a court order is issued and all appeals have been completed. See 19.35 (5), Wis. Stats.
(4) DESTRUCTION PENDING LITIGATION.
No record subject to pending litigation shall be destroyed until the litigation is resolved.
(5) REVIEW AND APPROVAL BY PUBLIC RECORDS AND FORMS BOARD.
The attached schedule and the retention periods of less than 7 years have been reviewed and approved by the Public Records and Forms Boards.
13.04 RECORDS RETENTION SCHEDULES.
(1) LEGEND.
(A) Record ID #: a unique control number for each type of record.
(B) Brief Description: specific file items that are grouped together by same function or purpose.
(C) Retention Period: the time that the identified records must be kept until destruction.
(D) CR: date of receipt or creation of record
(E) FIS: current fiscal year
(F) EVT: refers to an occurrence that starts the retention "clock ticking" (e.g., close of contract, termination of employee, disposition of a case)
(G) Period of Time: expressed in years unless specifically identified as months or days.
(H) Authority: any specific statutory, administrative rule, or specific regulation determining retention of a record. (Usually blank because units of government have discretion to establish a time period.)
(I) SHSW Notification: whether or not a town must notify the State Historical Society of Wisconsin of its intention to destroy records. Notice to the SHSW is required for any record not listed in this ordinance.
"Waived": required notification has been waived
"Notify": notification by the local unit of government is required.
"N/A": notification is not applicable because the records have been designated for permanent retention by the local unit of government
(2) SCHEDULES.
See attachment.
