Town of Lewisboro, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewisboro 1-26-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
[Adopted 1-26-1993 by L.L. No. 1-1993]

§ 180-1 Records Management Officer.

Article 57-A, § 57.19, of the Arts and Cultural Affairs Law provides that, in towns, the Town Clerk shall serve as the Records Management Officer.

§ 180-2 Establishment of program.

There shall be a records management program established and administered by the Records Management Officer (RMO). The Records Management Officer will be responsible for administering the inactive and archival records and storage areas for the Town of Lewisboro in accordance with local, state and federal laws and guidelines.

§ 180-3 Powers and duties of Records Management Officer.

The Officer shall have those powers necessary to carry out the efficient administration of the records management program, the powers to include, but not be limited to, the determination of value, use, preservation, storage and disposition of the inactive and archival records kept, filed or received by the offices and departments of the Town of Lewisboro.
A. 
The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the creation, maintenance, storage and service of Town records, including but not limited to the following:
(1) 
Disposition of obsolete and unnecessary records according to New York State Records Retention and Disposition Schedule;
(2) 
Permanent retention of those records which contain administrative, legal or fiscal value and are deemed to be archival and require permanent retention; or
(3) 
Transfer to the Town Historian those records which are of such research, historical or educational value as to warrant their permanent retention.
B. 
The Records Management Officer shall establish guidelines for proper records management in any department or agency of the Town of Lewisboro in accordance with local, state and federal laws and guidelines.
C. 
The Records Management Officer shall review all Town of Lewisboro department requests for purchase and/or installation of records creation, management or storage equipment and/or systems, including databased and computerized, to ensure conformity with the records management plan.
D. 
The Records Management Officer shall report annually to the Town Board on the functioning of the records management plan and the cost/benefit ratio of programs effectuated by the plan.
E. 
The Records Management Officer shall operate inactive records storage centers for the storage, processing and servicing of all inactive records for all Town of Lewisboro departments and agencies.
F. 
The Records Management Officer shall establish a Town of Lewisboro archives and perform the following functions:
(1) 
Advise and assist Lewisboro departments in reviewing and selecting material to be transferred to the Lewisboro archives for preservation.
(2) 
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
(3) 
Promulgate rules and regulations governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board and Town Board.
(4) 
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
(5) 
Provide information services to other Town of Lewisboro government offices.
(6) 
Collect archival materials which are not official Town of Lewisboro records but which have associational value to the Town of Lewisboro or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff and cost limitations and to the potential endangerment of such materials if they are not collected by the archives.
(7) 
Develop a procedure whereby historically important records are to be identified at the point of generation.

§ 180-4 Records Advisory Board.

There shall be a Records Advisory Board designated to work closely with and provide advice to the Records Management Officer. The Board shall consist of the Deputy Town Clerk, the Town Historian and a Town Board member. The Town Board member shall be selected annually by the Records Management Officer. The Board shall meet periodically and have the following duties:
A. 
The Records Advisory Board shall provide advice to the Records Management Officer on the development of the Records Management Program.
B. 
The Records Advisory Board shall review the performance of the program on an ongoing basis and propose changes and improvements.
C. 
The Records Advisory Board shall review retention periods proposed by the Records Management Officer for records not covered by State Archives schedules.
D. 
The Records Advisory Board shall provide advice on the appraisal of records for archival value.

§ 180-5 Custody of records.

A. 
A Town of Lewisboro department is the legal custodian of its records and shall retain legal custody of records deposited in an inactive records center. Records transferred to or acquired by the archives shall be under the custody and control of the archives rather than the department which created or held them immediately prior to being transferred to the archives.
B. 
Records shall be transferred to the archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
C. 
Records may be permanently transferred from the archives at the request of the RMO or the head of the department which had custody of the records immediately prior to the transfer of those records to the archives, subject to the approval of the Records Advisory Board.

§ 180-6 Replevin.

The Records Management Officer and Town Attorney may take steps to recover local government records which have been alienated from proper custody and may, when necessary, institute actions of replevin.

§ 180-7 Disposal of records.

No records shall be destroyed or otherwise disposed of by a department of the Town of Lewisboro unless approval has been obtained from the Records Management Officer. No records shall be destroyed or otherwise disposed of by the Records Management Officer without the express written consent of the department head having authority and the Town Board of the Town Board of the Town of Lewisboro.

§ 180-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the Officer and Advisory Board to have sufficient historical or other value to warrant their continued preservation by the local government.
INACTIVE RECORDS CENTER
An establishment maintained by the Town of Lewisboro primarily for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in active office space.
RECORDS
Any documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official Town of Lewisboro business.
A. 
Removal by the Town of Lewisboro, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include:
(1) 
The disposal of temporary records by destruction, donation or recycling.
(2) 
The transfer of records to the record center/archives for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
B. 
The transfer of records from one Town of Lewisboro agency to any other Town of Lewisboro agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial use and records disposition, including records preservation, records disposal and records centers or other storage facilities.
SERVICING
Making information in records available to any Town of Lewisboro agency for official use or to the public.