MARK AREND18 OCTOBER 2012

PUBLIC RECORDS AND RECORDS RETENTION

TODAY’S TOPICS

• Wisconsin Public Records Law• Wisconsin Statutes, §19:21-39• What is a record• What is and isn’t available for public viewing

• Library records policies• Records retention—how long do I have to keep

this stuff?• Tagging files• Disposal of records

DO YOUR FILES LOOK LIKE THIS?

PUBLIC RECORDS LAW

• Defines what a record is• Requires public access• And lists exceptions

• Governs record disposal

• Is binding upon all state & local government bodies or agencies

WHAT IS A PUBLIC RECORD?

• Almost anything a government agency creates or receives• Reports, correspondence, statistics, meeting documents,

photos

• Records in all formats (paper, computer file, video or audio recording, email) are covered under this law

WHAT ISN’T?

• General library materials (books, magazines, etc.)• Routing slips & envelopes• Unsolicited material you have received (junk

mail)• Duplicate copies• Duplicate copies of library records • Copies other government agencies have sent to the

library

• Personal property• Records and correspondence of state legislators

PUBLIC ACCESS TO PUBLIC RECORDS

Almost all records and documents of governmental agencies must be available for inspection and copying by the public

Applies only to existing records—no requirement to create new records or reports

No “magic words” needed in a records request

EXCLUDED RECORDS NOT AVAILABLE FOR ACCESS

Records that identify users of library materials, resources, or services ◦ Wisconsin Statutes, 43:30

Certain personnel recordsNotes, drafts, etc. prepared for staff use

All of these are subject to court order, however.

LIBRARY RECORDS POLICIES

• Public records policy• Legal custodian• Availability of records

• Records retention policy• How long records are kept• How they’re disposed of

PUBLIC RECORDS POLICY

• Legal Custodian• The person designated to be in charge of the library

records (probably the director)

• Availability of Records• When records are available• How to contact the records custodian• Any fees• Fees are limited to “actual, necessary, and direct cost” of

reproduction, mailing, etc.

• Post notice

• Oshkosh’s policy posted at http://www.oshkoshpubliclibrary.org/libraryboard/openrecordspolicy

RECORDS RETENTION POLICY

• All public agencies must have a retention policy• Adopted by the governing body• Approved by the Wisconsin Public Records Board and the

State Historical Society

• Types of records you have• How long you keep records• How you dispose of records

RECORDS RETENTION SCHEDULE FOR WISCONSIN PUBLIC LIBRARIES

• Found at http://dpi.wi.gov/pld/retensch.html• Lists all types of records a library is likely to have• Already approved by the State• Possible your library board adopted this policy in

2006

Number Series Title Retention Confidentiality

002 Policy Manual SUP+2

003 Annual Reports-to the Board &/or Municipality PERM

004 Annual Reports-to the State PERM

005 Minutes and Meeting Materials PERM

006 General Correspondence CR+2

010 Procedures SUP

011 Planners/Calendars ACT

016 Patron Incident and Disciplinary Files ACT+5 CONFIDENTIAL

022 Open Records Requests EVT+1

023 Contracts EXP+4

028 Final Annual Budget FIS+10

029 Budget Documentation FIS+5

030 Annual Financial Report/Audit FIS+10

036 Invoices FIS+4

041 Bank Statements and Reconciliation FIS+4

044 Payroll Deduction/Liability Records FIS+4 CONFIDENTIAL

RECORDS RETENTION SCHEDULE FOR WISCONSIN PUBLIC LIBRARIES

• Wisconsin Law requires that you adopt a schedule before disposing of records• If you have not done this you may not dispose of any

record

• The times specified in the schedule are minimum retention times. You may need to keep certain records longer• Example: records relating to a capital purchase may need

to be kept longer for warranty or insurance purposes

ADOPTING A RECORDS RETENTION POLICY

• Go through your records to figure out what you have• Take a look at the policy at

http://dpi.wi.gov/pld/retensch.html• See if you have anything not listed• Determine if anything on the list is covered by a

municipal policy• If you make changes in the pre-approved policy

you need to have the changes approved

ADOPTING THE POLICY ON THE DPI SITE AS-IS

1. Have the board adopt the schedule2. Notify State Historical Society3. Receive their approval

4. START TOSSING

TAGGING FILES

• Status• Permanent• Non-Record • Active• Inactive

• Date it can be tossed• Method of disposal

WHY BOTHER ADOPTING THE SCHEDULE AND TAGGING FILES?

• Lets you legally dispose of stuff• By using the schedule you don’t have to decide

every time you look at something• By tagging files you decide once and don’t even

have to look inside the file again—just look at the label and toss

DESTRUCTION OF RECORDS

• Some records can just be tossed—recycle or trash.• Confidential records must be shredded or

otherwise destroyed

• A record may not be destroyed if litigation involving the record has commenced or if you have received a request for the record before it has been destroyed.

COPIERS, PRINTERS, & PCS

• Most photocopiers manufactured since 2002 contain a hard drive that stores all images copied by the copier• Some printers and fax machines may also have

hard drives

• Before disposing of a copier, high-end printer, or PC the hard drive should be removed or erased• The owner’s manual may have this information

RESOURCES

• Wisconsin Public Records Law http://www.doj.state.wi.us/site/ompr.asp • Records Retention Schedule for Wisconsin

Public Libraries http://dpi.wi.gov/pld/retensch.html• Trustee Essential 15: The Library Board

and the Public Records Law http://dpi.wi.gov/pld/te15.html

• Julie’s workshop notes posted at http://extranet.winnefox.org/workshop-history• Frequently Asked Questions About Libraries and

Wisconsin's Public Records Law http://dpi.wi.gov/pld/publicrec.html• Frequently Asked Questions About Compliance

With the Parental Access to Library Records Law http://dpi.wi.gov/pld/ab169faqs.html• More FAQs on records

http://dpi.wi.gov/pld/trusteefaq.html#Public_Records