Village of Irvington, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 114.
[Adopted 10-7-1974]

§ 59-1 Statutory authority.

This Village Board hereby promulgates this set of rules in accordance with Chapter 578 of the Laws of 1974.[1]
[1]
Editor's Note: See Article 6 of the Public Officers Law.

§ 59-2 Records access officer designated.

The Village Clerk is hereby designated as the records access officer of the Village of Irvington.

§ 59-3 Applications.

Persons seeking public records shall make application to the records access officer upon the application form supplied by such officer, in the event such records are not readily available.

§ 59-4 Processing of requests by Clerk.

The records access officer is hereby directed to make available to persons requesting records, those public records which, by law, are required to be made available for public inspection and copying. In the event the request for public records interferes with the operation of the office of the Village Clerk and makes it difficult for members of the public to receive the regular services of the Village Clerk, the records access officer is hereby authorized to establish hours during each day when he shall process requests for records, including the times when such requests shall be made in order to enable him to find the records for review and copying. The times so established by the records access officer shall be conspicuously posted in the office of the Village Clerk.

§ 59-5 Fees. [1]

[Amended 8-18-2003 by L.L. No. 20-2003]
The records access officer is authorized to copy any records which are within the purview of the law and to charge a fee for such services. The fee for copying such records shall be as set from time to time by the Board of Trustees. No records shall be reproduced until payment is first received.
[1]
Editor's Note: See Ch. 114, Fees and Charges.

§ 59-6 Removal of records prohibited.

No records shall be removed from the lawful custody of any public office charged with the duty of maintaining such records.

§ 59-7 Unavailable records.

In the event that any requests cannot be met because such records are being used for current working purposes, the applicant shall be advised of such fact and every effort will be made to arrange a specific time when such records will be available.

§ 59-8 Availability of questionable records.

In the event that a question arises as to the nature of the records in that public viewing of such records may result in an unwarranted invasion of a citizen's personal privacy or may result in a disclosure of material that must be confidential to promote effective law enforcement or for any other reason which, in the opinion of the records access officer, are valid to promote the public interest while consistent with the new law, the records access officer shall confer with the Village Attorney before determining if such records shall be made available for inspection.

§ 59-9 Denial of access.

In the event that any person is denied access to any public records in violation of the law, such person shall advise the Village Board of such denial, in writing, and set forth the records requested, the reason for denial and the fact that the fees for such records were, in fact, tendered.

§ 59-10 Temporary nature of regulations.

These regulations shall be temporary and considered as such until the state guidelines are promulgated and until more comprehensive regulations can be prepared.

§ 59-11 Purpose.

The purpose of these regulations shall be to maintain the spirit of the law and to recognize that the concept of open records is consistent with the purpose of this Board's resolution.
[Adopted 7-21-2003 by L.L. No. 16-2003]

§ 59-12 Records Management Officer.

There shall be a records management program established under the auspices of the Records Management Officer. The Officer will be responsible for administering the noncurrent and archival public records and storage areas for the Village in accordance with local, state and federal laws and guidelines.

§ 59-13 Powers and duties.

The Records Management Officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the noncurrent and archival public records kept, filed or received by the officers and departments of the Village of Irvington. The Records Management Officer shall:
A. 
Continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material as follows:
(1) 
Identify obsolete and unnecessary records according to New York State Archives Records Retention and Disposition Schedules (MU-1) thereby subject to disposition.
(2) 
Identify information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention.
(3) 
Retain records not subject to disposition according to state law.
B. 
Establish guidelines for proper records management in any department or agency of Village government in accordance with local, state, and federal laws and guidelines.
C. 
Oversee all requests for records storage equipment, microfilm equipment, etc., and coordinate and participate in planning for the expansion of micrographics and automated data processing systems.
D. 
Establish inactive records storage areas for the storage, processing and servicing of all noncurrent and archival records for all Village departments and agencies.
E. 
Perform the following functions:
(1) 
Advise and assist Village departments in reviewing and selecting records to be transferred to the inactive records storage area for storage and/or preservation.
(2) 
Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing, and servicing of archival materials.
(3) 
Establish and maintain an adequate repository for the proper storage, conservation, processing, and servicing of archival records.
(4) 
Promulgate rules governing public access to and use of records in the archives.
(5) 
Develop a confidentiality policy for archival records designated confidential, providing such policy does not conflict with any federal or state statutes.
(6) 
Provide information services to other Village offices.
(7) 
Develop a procedure whereby historically important records are to be identified at the point of generation.
(8) 
Collect archival materials which are not official Village records but which have associated value to the Village 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 Village archives.

§ 59-14 Custody.

A. 
The Records Management Officer shall maintain physical custody and official responsibility of all records in his/her possession. Department heads shall retain constructive control and authority over all department records, regardless of their physical location.

§ 59-15 Replevin.

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

§ 59-16 Disposal of records.

A. 
No records shall be destroyed or otherwise disposed of by a department of the Village unless a records disposal form has been executed. Records will not be destroyed if they are required for any pending audit, litigation or other investigation.

§ 59-17 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the Records Management Officer to have sufficient historical or other value to warrant their continued preservation by the Village.
INACTIVE RECORDS STORAGE AREA
An establishment maintained by the Village 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 and equipment.
RECORDS
Any documents, books, papers, photographs, sound recordings, microfilm, 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 Village business.
(1) 
The removal by the Village, 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:
(a) 
The disposal of temporary records by destruction or donation; or
(b) 
The transfer of records to the inactive records storage area for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
(2) 
The transfer of records from one Village Department to any other Village department.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records maintenance, use and disposition, including records preservation, disposal, records centers or other storage facilities.
SERVICING
Making information in records available to any Village department for official use or to the public.