2014-558 ORDINANCE NO. 2014 - 558
An ordinance updating the public records retention requirements and designation of legal
custodians and their responsibilities with penalties as set forth in JGO 1.12.010.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 2.58.030 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
2.58.030 Legal custodian.
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 employee of his or her staff to act as the legal
custodian.
B. Unless otherwise prohibited by law, the city clerk or the clerk's designee shall act
as legal custodian for the common council and for any committees, commissions, boards, or
other authorities created by ordinance or resolution of the common council, except the plan
commission and the zoning board of appeals. The director of planning services manager shall
act as legal custodian for the plan commission. The . ' . . - - . .. -- : building and
development services manager inspection shall act as the legal custodian for the zoning board of
appeals. The human resources director shall act as the legal custodian for the police and fire
commission.
C. The following persons shall act as legal custodians for records maintained by the
city:
1. The city attorney shall act as legal custodian for records in the city
attorney's office;
2. - - • • • • ' • ' ' . . . • = ustodian for record:,
in the division of public utilities; The director of neighborhood and community services shall act
as the legal custodian for records in the department of neighborhood and community services,
except as otherwise specified hereafter:
a. The transit director shall act as the legal custodian for records in
the transit division;
b. The recreation director shall act as the legal custodian for records
in the recreation division;
3. The director of public works director shall act as legal custodian for
records in the division department of public works, except as otherwise specified hereafter:
a. The city engineer shall act as the legal custodian for records in the
engineering division department;
b. The planning services manager director shall act as the legal
custodian for records in the planning division; -depaftnienti
c. The building and development services manager shall act as the
legal custodian for records in the building and development services division. The transit
d. The utility director shall act as the legal custodian for records in
the water utility and the wastewater utility;
e. The technical services manager shall act as the legal custodian for
records in the technical services division;
f. The operations director shall act as the legal custodian for the
operations division;
g. The parks director shall act as the legal custodian for records in the
parks division;
4. The police chief shall act as the legal custodian for records in the police
department;
5. The fire chief shall act as the legal custodian for records in the fire
department;
6. The director of leisure services shall act as the legal cu
. . .. - Each economic development coordinator shall act as legal
custodian for records in the economic development department;
7. .. -
records in the community development authority, except the supervisor of the department of
. • - .. • . . • _ . .. 'an for records in the department of building
supervisiont The library director shall act as the legal custodian for Hedberg public library;
8. The personnel human resources director shall act as the legal custodian for
records in the personnel human resources department;
9. The finance director shall act as the legal custodian for records in the
accounting division ;
10. The city assessor shall act as the legal custodian for records in the
assessor's office;
11. The city manager shall act as the legal custodian for records in the city
manager's office;
12. The assistant city manager shall act as the legal custodian for records in
the assistant city manager's office; and
13. The administrative services director shall act as the legal custodian for
records in the administrative services director's office;
14. The information technology manager shall act as the legal custodian for
records in the information technology division; and
135. The city clerk - treasurer shall act as the legal custodian for records in the
clerk - treasurer's office and for all records for which a different legal custodian has not otherwise
been designated.
D. Each legal custodian shall name a person to act as legal custodian in his or her
absence or disability or in case of vacancy.
E. The legal custodian shall have full legal power to render decisions and to carry
out the duties of an authority under subchapter II of Chapter 19, Wis. Stats., and this chapter.
The designation of a legal custodian does not affect the powers and duties of an authority under
this section. Ord. 83 -322 s. 1(part), 1983).
F. The legal custodian or designee shall review the requested records prior to release
and shall not disclose or permit the disclosure of records or portions of records which are
specifically exempt from disclosure.
G. The legal custodian or designee shall provide the requested records to the city
attorney for review prior to release, except for routine matters.
SECTION II. Section 2.58.060(D) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
2.58.060 Limitations on right to access.
D. 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, if he or she determines that the harm to the public
interest resulting from disclosure would outweigh the public interest in full access to the
requested record. Examples of matters for which disclosure may be refused include, but are not
limited to, the following:
1.3. Records of deliberations after a quasi-judicial hearing;
2.3: Records of deliberations concerning employment, dismissal, promotion,
demotion, compensation, performance, or discipline of any city officer or employee, or the
investigation of charges against a city officer or employee, unless the officer or employee
consents to such disclosure;
3.4. Records concerning strategy for crime detection or prevention;
4.5: Records of current deliberations or negotiations on the purchase or sale of
city property investing of city funds, or other city business whenever competitive or bargaining
reasons require nondisclosure;
5.6. 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;
6.7, Communications between legal counsel for the city and any officer, agent
or employee or 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 employees is or is likely to
become involved, or communications which are privileged under Section 905.03, Wis. Stats.
SECTION III. Chapter 2.60 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Chapter 2.60
DESTRUCTION OF PUBLIC RECORDS
Sections:
2.60.010 Financial records.
2.60.020 Utility records.
2.60.030 Audio and Video recordings.
2.60.030040 Other records.
2.60.040050 Historical Society notification.
2.60.050060 Tape recordings.
2.60.070 Electronic Records Management.
2.60.080 Auto delete software.
2.60.060090 Limitation.
2.60.010 Financial records. City officers may destroy non - 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 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 Wisconsin Statutes Section 16.61(3) (e), and then after such shorter period.
(Ord. 82 -308 (part), 1982).
2.60.020 Utility records. City officers may destroy 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 the
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 Wisconsin Statutes Section 16.61(3) (e), and then after such
shorter period, except that water stubs, receipts of current billings and customer's ledgers may be
destroyed after two years. (Ord. 82 -308 (part), 1982).
2.60.030 Audio and Video Recordings. City officers may destroy, erase, and/or
reuse any audio or video recording made for security purposes after one hundred twenty one
days if approved by the Public Records Board pursuant to Wisconsin Statutes Section 16.61(3)
(e) and the notice requirements are met in Section 2.60.050 unless waived by the State Historical
Society of Wisconsin and the Rock County Historical Society. These recording include, but are
not limited to, police officer body cameras, bus surveillance video, N. Parker Drive parking
garage surveillance video, Transit Center surveillance video, and/or similar video or audio
recording devices at similar places, and/or upon any such medium or device.
2.60.030040 Other records. City officers may destroy any other records of which they
are the legal custodian and which are considered obsolete, 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
Wisconsin Statutes Section 16.61(3) (e), and then after such a shorter period. (Ord. 82 -308
(part), 1982).
2.60.040050 Historical Society notification. Prior to the destruction of any public
record described in Sections 2.60.010, 2.60.020, or 2.60.030, at least sixty days notice in writing
shall be given to the State Historical Society of Wisconsin and to the Rock County Historical
Society. (Ord. 82 -308 (part), 1982).
2.60.050060 Governmental Meeting recordings. Any audiotape recordings of a
governmental meeting of the city may be destroyed, erased or reused no sooner than ninety 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. (Ord. 83 -322 s. 3, 1983).
2.60.070 Electronic Records Management. Chapter Adm 12 of the Wisconsin
Administrative code relating to electronic records management standards and requirements is
hereby adopted and incorporated by reference as from time to time amended or renumbered.
2.60.080 Auto delete software. No City elected or appointed official shall load or
use auto delete software of any kind that auto deletes e- mails, text messages or other electronic
messages, etc on any devices of any kind, including but not limited to computers, tablet devices,
phones, or cell phones, or on any social media site used for City work purposes regardless of
where the software is located.
2.60.060090 Limitation. This chapter shall not be construed to authorize the
destruction of any public record after a period less than prescribed by statute or State
Administrative Regulations. (Ord. 83 -322 s. 2, 1983; Ord. 82- 308(part), 1982).
SECTION IV. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: May 12, 2014 Motion by: Liebert
Second by: Kealy
APPROVED: Councilmember Aye Nay Pass Absent
Bobzi X
� Farrell l X
Mark A. reitag, City Manager Fitzgerald X
Kealy X
ATTEST: Liebert X
� in
Severs X
J 9-e l -a--Y) G "(/ nn Wulf, City Clerk -Tr er Severson X
APPROVED AS TO FORM:
/2_ L-J eidC
Tim Wellnitz, Assistant City Attorney
Proposed by: Council President Voskuil and Council
Vice President Kealy
Prepared by: Assistant City Attorney