City of Milwaukee - File #: 060459

• File #: 060459
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 7/12/2006
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 9/26/2006
• Title: Substitute resolution directing the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation to delete the provision exempting cemetery trust funds from open records regulations.
• Sponsors: ALD. MURPHY
• Indexes: STATE LEGISLATION

Date	Ver.	Action By	Action	Result	Tally
10/5/2006	1	MAYOR	SIGNED
9/26/2006	1	COMMON COUNCIL	ADOPTED	Pass	15:0
9/18/2006	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
9/8/2006	1	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
9/6/2006	1	CITY CLERK	DRAFT SUBMITTED
7/12/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060459

Version

SUBSTITUTE 1

Reference

Sponsor

ALD. MURPHY

Title

Substitute resolution directing the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation to delete the provision exempting cemetery trust funds from open records regulations.

Analysis

This resolution directs the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation to delete the provision exempting cemetery trust funds from open records regulations.  Cemeteries are institutions that are operated privately but whose operations are regulated by state statute.  Under current state law, s. 157.62 (2)(c), Wis. Stats., cemetery financial statements are exempt from Wisconsin’s Public Record Law, and thus no private or public entity has access to cemeteries’ financial statements and the knowledge of whether or not finances are appropriately managed and dispersed.

Body

Whereas, Cemeteries are institutions that are operated privately but whose operations are regulated by state statute, and as such cemetery operators are entrusted to properly manage and disperse trust funds; and

Whereas, Section 157.62 (2)(c), Wis. Stats., provides that cemetery trust funds are exempted from Wisconsin’s Public Records Law, and thus no private or public entity has access to cemeteries’ financial statements and the knowledge of whether or not finances are appropriately managed and dispersed; and

Whereas, Wisconsin’s Public Records Law exists in order to maintain a level of accountability for public offices and activities and provide a level of protection to the citizens of Wisconsin, and exempting cemetery financial records from Wisconsin’s Public Records Law serves no public purpose and can have severe consequences; and

Whereas, Local governments have no ability to establish recourse for cemetery operators that inappropriately manage or disperse their trust funds or make misstatements regarding their trust funds; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the Common Council directs the Intergovernmental Relations Division-Department of Administration to seek introduction and passage of state legislation that deletes the provision exempting cemetery trust funds from open records regulations.

Drafter

LRB06359-2

LCS

8/8/06