d. The Town receives written notice from the record subject that an appeal or petition for review will not be filed.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note: Whenever a record request relates to an employee record, a determination must be made whether the record is of the type described in
s. 19.356 (2) (a) 1.,
2., or
3., Wis. stats., in which case, if the request is granted, notice must be given to the record subject and access cannot be provided to the record except as provided in
s. 19.356, Wis. stats., or if the record is of the type described in
s. 19.36 (10) or
(11), Wis. stats., in which case access must be denied.
If the record is not subject to
s. 19.356 (2) (a) 1.,
2., or
3., or
19.36 (10) or
(11), Wis. stats., but the record subject is a state or local elected official, the request is subject to
s. 19.356 (9), Wis. stats., and notice must be given to the record subject who is entitled to augment the record within 5 days of receipt of the notice. See the forms:
“Record subject” is defined in
s. 19.32 (2g), Wis. stats., as:
19.32 (2g) “Record subject” means an individual about whom personally identifiable information is contained in a record.
STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record subject]
A request for access to the following record of the Town of ________, ________ County, Wisconsin, has been granted by the Town: [specifically describe record here].
You are the subject of the requested record.
The requested record is subject to the provisions of
s. 19.356, Wis. stats., as the record is [choose Option A, B, or C, as applicable]
(Option A) a record containing information relating to an employee that is created or kept by the Town and that is the result of an investigation into a disciplinary matter involving the employee or possible employment-related violation by the employee of a statute, ordinance, rule, regulation, or policy of the employee's employer.
(Option B) a record obtained by the Town through a subpoena or search warrant.
(Option C) a record prepared by an employer other than the Town that contains information relating to an employee of that employer, unless the employee authorizes the Town to provide access to that information.
Under
s. 19.356, Wis. stats., all of the following conditions apply to the grant of access to the requested record:
1. Within 5 days after receipt of this notice, you may provide written notification to the Town of your intent to seek a court order restraining the Town from providing access to the requested record.
2. Within 10 days after receipt of this notice, you may commence an action seeking a court order to restrain the Town from providing access to the requested record. If you commence such an action, the record requester may intervene in the action as a matter of right.
3. The Town will not provide access to the requested record to the record requester within 12 days of sending this notice. In addition, if you commence an action as described in paragraph 2, the Town will not provide access to the requested record during the pendency of the action. If you appeal or petition for review of the decision of the court or the time for appeal or petition for review of a decision adverse to the record subject has not expired, the Town will not provide access to the requested record until whichever of the following occurs first:
a. Any appeal is decided.
b. The period for appealing or petitioning for review expires.
c. A petition for review is denied.
d. The Town receives written notice from you that an appeal or petition for review will not be filed.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note:
Section 19.356 (2) (a), Wis. stats., provides that the Town shall “within 3 days after making the decision to permit access, serve written notice of that decision on any record subject to whom the record pertains, either by certified mail or by personally serving the notice on the record subject.”
STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record requester]
Your request for access to the following record of the Town of ________, ________ County, Wisconsin, is granted: [specifically describe record here].
The subject of the requested record holds a [state or local] public office, namely ________.
Under
s. 19.356 (9), Wis. stats., all of the following conditions apply to the grant of access to the requested record:
1. Within 3 days after making the decision to permit access, the Town will serve written notice of that decision on any record subject to whom the record pertains.
2. Within 5 days after receipt of the notice under paragraph 1, the record subject may augment the record to be released with written comments and documentation selected by the record subject.
3. The Town will release the requested record, as augmented by the record subject, upon the expiration of the 5-day period for augmenting the record under paragraph 2.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note: “Local public office” is defined in
s. 19.32 (1dm), Wis. stats., as:
19.32 (1dm) “Local public office” has the meaning given in
s. 19.42 (7w), and also includes any appointive office or position of a local governmental unit in which an individual serves as the head of a department, agency, or division of the local governmental unit, but does not include any office or position filled by a municipal employee, as defined in
s. 111.70 (1) (i).
And “local public office” is defined in
s. 19.42 (7w), Wis. stats., as:
19.42 (7w) “Local public office” means any of the following offices, except an office specified in sub. (13):
(a) An elective office of a local governmental unit.
(b) A county administrator or administrative coordinator or a city or village manager.
(c) An appointive office or position of a local governmental unit in which an individual serves for a specified term, except a position limited to the exercise of ministerial action or a position filled by an independent contractor.
(cm) The position of member of the board of directors of a local exposition district under subchapter II of chapter 229 not serving for a specified term.
(d) An appointive office or position of a local government which is filled by the governing body of the local government or the executive or administrative head of the local government and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of ministerial action or a position filled by an independent contractor.
“State public office” is defined in
s. 19.32 (4), Wis. stats., as:
“Record subject” is defined in
s. 19.32 (2g), Wis. stats., as:
19.32 (2g) “Record subject” means an individual about whom personally identifiable information is contained in a record.
STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record subject]
A request for access to the following record of the Town of ________, ________ County, Wisconsin, has been granted by the Town: [specifically describe record here].
You are the subject of the requested record.
You hold a [state or local] public office, namely ________, which subjects the record request to the provisions of
s. 19.356 (9), Wis. stats.
Under
s. 19.356 (9), Wis. stats., all of the following conditions apply to the grant of access to the requested record:
1. Within 5 days after receipt of this notice, you may augment the record to be released with written comments and documentation selected by you.
2. The Town will release the requested record, as augmented by the you, upon the expiration of the 5-day period for augmenting the record under paragraph 1.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note:
Section 19.356 (9) (a), Wis. stats., provides that the Town shall “within 3 days after making the decision to permit access, serve written notice of that decision on the record subject, either by certified mail or by personally serving the notice on the record subject.”
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Ethics Ordinance. The purpose of this ordinance is to regulate, limit, and control certain administrative actions of town officials and employees in the town, including unethical actions of those officials and employees, as determined under this ordinance.
SECTION II – DECLARATION OF POLICY
A. It is declared that certain administrative actions of town officials and town employees are to be regulated, permitted, or limited to allow the official's and employee's actions to occur in an ethical, timely, and efficient manner.
B. It is declared that high moral and ethical standards among town officials and town employees are essential to the conduct of free government and that the town board believes that a code of ethics for the guidance of town officials and town employees will help them avoid conflicts between their personal interests and their public responsibilities, will improve standards of public service, and will promote and strengthen the faith and confidence of the people of the town in their town public officials and employees.
C. (Optional) It is the intent of the town board that any elected town official, any person appointed to elective office, any candidate for town elective office, all heads of departments, and all other designated town officials and town employees, including but not limited to those whose responsibilities involve the following, shall be required to file a Statement of Economic Interests as provided for in this ordinance:
1. Sale or lease of real estate.
2. Receipt of monies.
3. Purchasing of supplies.
4. Issuing of permits or licenses.
5. Assessment of property.
6. Inspection of property.
7. Construction of public works.
8. Settlement of claims.
9. Preparation or awarding of contracts.
10. Retention of outside service.
11. Performance of professional legal services for the town.
D. It is the intent of the town board that the town ethics board, town officials, and town employees in their administrative operations shall protect to the fullest extent possible the rights of individuals affected and the town and its government from improper, dishonest, and inefficient conduct of its town officials and town employees.
E. The town board reaffirms by this ordinance that a town official or employee holds his or her position as a public trust, and any effort to realize personal gain through official conduct is a violation of that trust. This ordinance does not prevent any town official or employee from accepting other employment or following any pursuit that in no way interferes with the full and faithful discharge of his or her duties to this town. The town board recognizes all of the following:
1. That town officials and town employees are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government.
2. That town officials and town employees retain their rights as citizens to interests of a personal or economic nature.
3. That standards of ethical conduct for town officials and town employees need to distinguish between minor and inconsequential conflicts that are unavoidable in a free society and conflicts that are substantial and material.
