REPEALING SAUK CO. CODE CH. 37, RECORDS RETENTION AND CREATING SAUK CO. CODE CH. 37, INFORMATION PRACTICES AND REPEALING SAUK CO. CODE § 30.50

Committee Status:

Approved

Budget Status:

Budgeted

Decision Impact:

Routine

FTE Impact:

Funding Source:

Levy

Purpose

Sauk Co. Code ch. 37 is currently the Records Retention ordinance. This ordinance is out of date and not in compliance with the Wisconsin Public Records Board’s model retention schedule for counties. The current ordinance also does not address electronic data and differentiate what electronic data must be maintained as a public record and what does not. Currently, provisions related to the maintenance of public records and public records requests, are contained in Sauk Co. Code § 30.50 Miscellaneous Provisions. This proposed repeal and recreate creates a new ch. 37 Information Practices that places all code provisions dealing with records in one location. The two key new provisions are; first, the elimination of a detailed records retention schedule, and replacing it with a reference to the Public Records Board’s schedule; and second, the provisions pertaining to electronic records. The other provisions of the ordinance relocate the current provisions pertaining county practices related to public records from Sauk Co. Code § 30.50 to the new ch. 37.

Background

Time to change.

Resolution Files:

ch._37_implimenting_ordinance.pdf

Appendix

Budget Status (Other/External Sources):

No additional cost to the new ordinance.

Resolution Body

ORDINANCE NO._____ - 2014

REPEALING SAUK CO. CODE CH. 37, RECORDS RETENTION

AND CREATING SAUK CO. CODE CH. 37, INFORMATION PRACTICES

AND REPEALING SAUK CO. CODE § 30.50

The County Board of Supervisors of the County of Sauk does ordain as follows:

WHEREAS, Sauk Co. Code ch. 37 Records Retention is out of date and in need of revision, the existing provisions related to public records in the ordinances do not address electronic records, and other provisions of the ordinances addressing records are contained in miscellaneous provisions making them difficult to locate; and,

WHEREAS, the corporation counsel has done considerable research regarding the lawful handling of requests for electronic records and has drafted changes pertaining to these records as well as updating the ordinance to refer to the State of Wisconsin Public Records Board schedule for records retention, and relocated existing provisions related to public records from Sauk Co. Code § 30.50 to the new chapter; and,

WHEREAS, the attached appendix containing the proposed Sauk Co. Code ch. 37 entitled Information Practices is intended to be the single chapter dealing with records to provide both officials, employees and the public a single point of reference for all provisions of the ordinances pertaining to the general records of the county; and,

WHEREAS, other non-substantive changes have been made to improve the clarity of the ordinance, and your undersigned Committee has considered the changes and does recommend their adoption.

NOW, THEREFORE, BE IT ORDAINED, by the Sauk County Board of Supervisors met in regular session, that ch. 37 of the Sauk Co. Code of Ordinances is hereby repealed and recreated to read as contained in the attached Appendix and shall be effective upon passage; and,

BE IT FURTHER ORDAINED, that in the event that the State of Wisconsin Public Records Board amends the General Schedules for County Governments, Sauk Co. Code ch. 37.12 will encompass the amended schedule as if set forth therein.

For consideration by the Sauk County Board of Supervisors on December 16, 2014

Respectfully submitted,

EXECUTIVE AND LEGISLATIVE COMMITTEE

MARTIN F. KRUEGER, Chair JOAN FORDHAM

WALLY CZUPRYNKO DENNIS POLIVKA

JOE FISH

FISCAL NOTE: Fees associated with responding to public records requests are calculated to represent only the actually cost of duplicating, locating, and mailing the record(s). A locating fee will only be charged if the cost to locate a record is $50.00 or more.

MIS IMPACT: No direct impact. s:/ccounsel/Ordindoc/Drafts&Notes/ch.37/Implimenting Ordinance for ch. 37

Requested Board Review Date:

Tuesday, December 16, 2014

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