(A) Destruction of records. Village officers may destroy records which are considered obsolete of which they are legal custodians after completion of any required audit by the Bureau of Municipal Audit or by a public accountant licensed to practice in Wisconsin, but in not less than the time period established under the Records Retention Schedule set forth in § 37.13.
(B) Historical records. Under Wis. Stats. § 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 60 days’ notice:
(1) For any records marked “W” (waived notice).
(2) SHSW must be notified prior to destruction of a record marked “N” (non-waived).
(3) Notice is also required for any record not listed in this chapter.
(4) “N/A” indicates not applicable and applies to any record designated for permanent retention.
(C) Destruction after request for inspection. No requested records may be destroyed until after the request for inspection is granted or 60 days after the request is denied. If an action is commenced under Wis. Stats. § 19.37, the requested record may not be destroyed until after a court order is issued authorizing the destruction and all appeals have been completed.
(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 and Forms Board. This chapter and the retention periods of less than seven years has been reviewed and approved by the Wisconsin Public Records and Forms Board.
(Ord. 38-07, passed - -07)
Statutory reference:
Destruction after request for inspection, see Wis. Stats. § 19.35(5)