Local readers may have heard, as I have heard, that area officials know that there are ways around municipal ordinances and school district policies on open government. There’s no surprise in hearing this: there is no human construct that cannot be circumvented; there are few professing a public interest who do not simultaneously feel the pull of self-interest.
Imagine how unfortunate it must be, for some, to see open government as a burden, obstacle, or threat. On the contrary, like a church or library, an environment of open government should, properly, comfort and inspire.
For today, it’s useful to list in full the City of Whitewater’s Municipal Code, Chapter 2.62 (Whitewater Transparency Enhancement Ordinance) & Municipal Code, Chapter 2.66 (Public Records), the Whitewater Unified School District’s policies on open government, and state statutes on open meetings and public records.
Policies, ordinances, and statues are different, of course. That’s a subject for another day. In any event, digital publishing affords nearly unlimited space, so one can, easily, be methodical and thorough.
More tomorrow.
➤ City of Whitewater’s Municipal Code, Chapter 2.62 (Whitewater Transparency Enhancement Ordinance):
2.62.010 – Purpose.
The purpose of this chapter is to maximize public awareness and participation in City of Whitewater Government. (Ord. No. 1804A, § 1, 10-5-2010)
2.62.020 – Posting requirements.
(a) Agenda notices for all council, committee, commission and board meetings, requiring legal notice, shall be posted seventy-two hours in advance. If an agenda item is added between twenty-four and seventy-two hours prior to the meeting, it shall require an affirmative vote of a majority of the members voting to take up the matter. (b) All council, committee, commission and board agendas shall be posted online on the city website seventy-two hours in advance of the meeting. (c) All council, committee, commission and board packet materials, that can be reasonably scanned, shall be posted online twenty-four hours in advance of the meeting. The city shall provide an electronic notification feed alert, indicating that new information is available regarding an upcoming council, committee, commission or board meeting, to any party that has subscribed to the feed (requested notice from the city of the updated information). (d) All requests for proposals and requests for bids shall be posted online as soon as is practicable. (e) The council and all committee, commission and board meeting minutes shall be posted online within thirty days of the meeting. If the body does not meet within thirty days of the meeting, the minutes shall be posted within fourteen days of the next meeting. (Ord. No. 1804A, § 1, 10-5-2010)
2.62.030 – Information technology requirements.
Beginning December 1, 2010, city council, community development authority, plan commission and police commission meetings shall be videotaped, and the video shall be posted online. (Ord. No. 1804A, § 1, 10-5-2010)
2.62.040 – Meeting procedures.
(a) All council, committee, commission and board meetings shall have a public input agenda item to allow citizens to make statements on matters that are not on the agenda. (b) All council, committee, commission and boards shall allow the public an opportunity to comment on substantive items on the meeting agenda. The council, committee, commission or board shall have the discretion to impose time limits and other reasonable procedural rules concerning the public comment. (c) If the agenda for a council, committee, commission or board meeting includes staff reports or other reports, a specific description of the item to be reported on shall be listed on the agenda and said report(s) shall be limited to the specific items listed in the agenda. (Ord. No. 1804A, § 1, 10-5-2010)
2.62.050 – Failure to abide by chapter provisions does not cause actions to be invalid.
The failure by any council, committee, commission or board to adhere to the provisions of this chapter shall not cause any action by said council, committee, commission or board to be invalid. (Ord. No. 1804A, § 1, 10-5-2010)
➤ City of Whitewater’s Municipal Code, Chapter 2.66 (Public Records):
Chapter 2.66 – Public Records
Sections:
2.66.010 – Definitions.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
“Authority” means any of the following city entities having custody of a city record: an office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order, or a formally constituted subunit of the foregoing.
“Custodian” means that officer, department head, division head, or employee of the city designated under Section 2.66.030 or otherwise responsible by law to keep and preserve any city records or file, deposit or keep such records in his or her office, or who is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.
“Record” means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library. (Ord. No. 1782A, 5-4-2010)
(a) Except as provided under Section 2.66.070, each officer and employee of the city shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees. (b) Upon the expiration of an officer’s term of office or an employee’s term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefore to the officer or employee, who shall file the receipt with the city clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the clerk, on behalf of the successor, to be delivered to such successor upon the latter’s receipt.
(Ord. No. 1782A, 5-4-2010)
2.66.030 – Legal custodian(s).
(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. (c) For every authority not specified in subsections (a) or (b) of this section, the authority’s chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian. (d) Each legal custodian shall name a person to act as legal custodian in his or her absence or the absence of his or her designee. (e) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Subchapter 11 of Chapter 19 of the Wisconsin Statutes and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.
(Ord. No. 1782A, 5-4-2010)
2.66.040 – Public access to records.
(a) Except as provided in Section 2.66.060, any person has a right to inspect a record and to make or receive a copy of any record as provided in Wis. Stats. § 19.35(1). (b) Records will be available for inspection and copying during all regular office hours. (c) A requester shall be permitted to use facilities comparable to those available to city employees to inspect, copy or abstract a record. (d) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged. (e) A requester shall be charged a fee to defray the cost of locating and copying records as follows: (1) The cost of photocopying each page shall be set by the city clerk and set forth on a schedule which shall be kept in the clerk’s office. Any increase as determined by the clerk shall be subject to the approval of the common council. The cost will be calculated not to exceed the actual, necessary and direct cost of reproduction. (2) If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged. (3) The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged. (4) If mailing or shipping is necessary, the actual cost thereof shall also be charged. (5) There shall be no charge for locating a record unless the actual cost therefor exceeds fifty dollars, in which case the actual cost shall be determined by the legal custodian and billed to the requester. (6) The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds five dollars. (7) Elected and appointed officials of the city shall not be required to pay for public records they may reasonably require for the proper performance of their official duties. (8) The legal custodian may provide copies of a record without charge or at a reduced charge where he or she determines that waiver or reduction of the fee is in the public interest. (f) Pursuant to Wis. Stats. § 19.34, and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and costs thereof.
(Ord. No. 1782A, 5-4-2010)
2.66.050 – Access procedures.
(a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under Wis. Stats § 19.37. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under Subsection 2.66.040(e)(6). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
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