Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 140 - Agricultural marketing orders, marketing agreements and marketing boards › Subchapter IV - Marketing Board Organization and Operation; Procedures › Section ATCP 140.49 - Marketing board meetings; records

Current through June 24, 2024
(1) FILING OF
				  MINUTES. Within 15 days after every meeting of a marketing board or a formally
				  constituted subunit of a marketing board, the marketing board shall file
				  complete minutes of the meeting with the secretary.
Note: Every meeting of a "governmental body" is subject to
					 the Wisconsin open meeting law, ss.
					 19.81
					 through
					 19.98,
					 Stats. Under s.
					 19.82(1),
					 Stats., a "governmental body" includes a state or local "agency, board,
					 committee, council, department or public body corporate and politic created by
					 constitution, statute, rule or order; a governmental or quasi-governmental
					 corporation; or a formally constituted subunit of any of the
					 foregoing..."
(2) CUSTODY
				  OF RECORDS; GENERAL. Every marketing board, and every officer and employee of a
				  marketing board shall safely keep and preserve all documents and records which
				  are lawfully in the possession or custody of the marketing board. Every
				  marketing board shall adopt written bylaws or procedures to govern the custody,
				  handling and disposition of marketing board documents and records. Proposed
				  bylaws and procedures shall be filed with the secretary for review by the
				  department prior to adoption.
Note: Under the Wisconsin public records law, ss.
					 19.31
					 through
					 19.35,
					 Stats., members of the public have certain rights to inspect and copy records
					 which are in the possession of an "authority." Under s.
					 19.32(1),
					 Stats., an "authority" includes a "... board, commission, committee, council,
					 department or public body corporate and politic created by constitution, law,
					 ordinance rule or order ...," and also includes a "quasi-governmental
					 corporation."
(3) DISPOSAL
				  OF RECORDS; AUTHORIZATION. No marketing board may dispose of documents or
				  records except under a specific records disposal policy adopted by the
				  marketing board. The policy shall be adopted in writing, and specify the types
				  of records for which disposal is authorized, the length of time each type of
				  record must be kept prior to disposal, and the disposal procedures to be
				  observed. Proposed records disposal policies shall be filed with the department
				  for review prior to adoption. The secretary may disapprove a proposed records
				  disposal policy if the policy may impede the administration of ch. 96, Stats.,
				  or otherwise adversely affect the public interest. No bylaw or procedure
				  authorizing the disposal of records is effective if disapproved by the
				  secretary.
(4) RECORDS TO BE FILED
				  WITH DEPARTMENT UPON TERMINATION OF MARKETING ORDER. Upon termination of a
				  marketing order, all documents and records of the marketing board shall be
				  filed with the department.
(5)
				  RECORDS FILED WITH DEPARTMENT; PUBLIC ACCESS.
(a) No marketing board may fail or refuse to
				  file a document or record with the department as provided under ch. 96, Stats.,
				  or this chapter on the ground that the document or record is protected from
				  public inspection by law. If a marketing board determines that a document or
				  record required to be filed with the department is protected from public
				  inspection by law, the marketing board shall give written notice to the
				  department identifying that information which, in the opinion of the marketing
				  board, is protected from public inspection. Notice shall further specify the
				  legal grounds on which the information may be withheld from public
				  inspection.
(b) The department
				  shall promptly notify a marketing board of any public request for inspection of
				  marketing board documents or records on file with the department, if the
				  documents or records have been designated as confidential by the marketing
				  board under par. (a).
(c) The
				  department may make available to the public upon request, for inspection and
				  copying, any marketing board documents or records which are on file with the
				  department if the department determines that disclosure is required by law,
				  notwithstanding the contrary request of the marketing board. In making the
				  decision, the department shall consider the notice and request of a marketing
				  board under par. (a). If the department determines that disclosure is required
				  by law, the department shall give the marketing board reasonable notice prior
				  to disclosure.