City of Madison
Legislative File ID   09158
Type:   Ordinance    Status:   Passed
Enactment Date:   8/23/2008    Enactment No.:   ORD-08-00093
Title:  
AMENDED SUBSTITUTE - Repealing and recreating Section 3.70 of the Madison General Ordinances to modify portions of the City's policy regarding public records.
Controlling Body:   COMMON COUNCIL ORGANIZATIONAL COMMITTEE
Introduced:   2/8/2008    Version:   3
Final Action:   8/5/2008    Contact:   dalthaus@cityofmadison.com
Name:  
Public records
Extra Date 1:  
Requester:   COMMON COUNCIL ORGANIZATIONAL COMMITTEE
Sponsors:  
David J. Cieslewicz, Zachariah Brandon, Tim Bruer, Judy Compton, Michael Schumacher
Legislative History
DateActing BodyAction TakenMotion
2/8/2008Attorney's Office/Approval GroupThis Ordinance was Referred for Introduction
Notes: Common Council Organizational Committee
2/26/2008COMMON COUNCILThis Ordinance was Refer to the COMMON COUNCIL ORGANIZATIONAL COMMITTEE
Notes:
7/1/2008COMMON COUNCIL ORGANIZATIONAL COMMITTEERegistration: Bill Lueders, Wisconsin Freedom of Information Center, Support/Spoke Bill Lueders registered to speak on this agenda item. He noted that this ordinance mainly incorporated the State's Public Records statutes but managed to achieve something quite remarkable. The city's ordinance deviates from the State law in that it is an improvement in establishing policies for the retention and archiving of electronic records. This is an area of confusion and inconsistency across the state and the city has taken the lead on creating clear and sensible policies in protecting the public's right to know. He commended Assistant City Attorney Roger Allen for his work on drafting the ordinance and stated that the city's ordinance should serve as a model for other municipalities. Ald. Zach Brandon was present to discuss the ordinance. He noted that a subcommittee he chaired 5 years ago discussed how to restrict or capture text messages. The solution that has been developed is a temporary solution and technology will change (e.g. Dashwire). Ald. Brandon's intent in having the ordinance drafted was insure that council members were accurately and intentionally capturing all electronic communications under the State's open records law. Ald. Satya Rhodes-Conway asked if city-issued cell phone text messages were currently being captured. Michael May said that city staff save text messages and/or carbon copy messages so that the city captures them electronically. Ald. Mark Clear asked if alders would be getting mobile phones in the future. Ald. Brandon stated no, unless text messaging becomes the norm for communicating city business. Ald. Clear questioned what constitutes a public record. For example, is voicemail that becomes an email a public record? Michael May indicated that type of communication would be covered under the State's open records law. An alder would need to forward the voicemail/email to their city email account to preserve the record. Ald. Michael Schumacher questioned whether text messages he receives "against his will" be considered a public record and would need to be retained and archived. Ald. Rhodes-Conway asked what the alder's responsibility is in preserving these types of communications. Michael May suggested that the alder try to preserve the text message and let the person know that their communication needs to be kept as part of the official record. Ald. Brandon suggested that he would then ask that person not to text him in the future. A motion was made by Ald. Mark Clear, seconded by Ald. Robbie Webber, to RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER. The motion passed by voice vote/other. Alds. Bruer, Compton and Schumacher requested to be added as co-sponsors on the ordinance.Pass
Notes:
8/5/2008COMMON COUNCILA motion was made by Ald. Konkel, seconded by Ald. Cnare, to Adopt With Amendment(s) as follows: strike "In the event that IM/TM are used for such communications purposes the" and replace with the "unless the employee preserves" in Section (3) (b) 3. The motion passed by the following vote:Pass
(11:6)
Notes: 1 Registrant(s) in opposition wishing to speak.
8/5/2008COMMON COUNCILA motion was made by Ald. Konkel, seconded by Ald. Sanborn, to Adopt the following amendment: strike "Therefore, City employees shall refrain from using such services for official communications purposes or for matters that would result in a public record if another format such as email or written communications were employed". No action was taken. A motion was made by Ald. Konkel, seconded by Ald. Rhodes Conway, to Adopt the following amendment: add "or inspect" after "receive a record" in Section (4) (a) 1. The motion passed by voice vote/other.Pass
Notes:
Approvals
ApproverDateApproval Status
Eric Knepp2/14/2008Approved
Michael May2/14/2008Approved
Eric Knepp6/19/2008Approved
Michael May6/18/2008Approved
Michael May8/12/2008Approved

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