[HISTORY: Adopted by the Town Board of the Town of Ramapo as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1995 by L.L. No. 4-1995]
This article shall be cited and may be referred to hereafter as the "Records Management Law of the Town of Ramapo."
It is the intention of the Town Board of the Town of Ramapo to establish a records management program with respect to the maintenance, storage and legal disposition of Town records.
A. 
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
As used in this article, the following words shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the Records Management Officer and Advisory Board to have sufficient historical or other value to warrant their continued preservation by the Town.
[Amended 2-6-2012 by L.L. No. 2-2012]
INACTIVE RECORDS STORAGE AREA
An establishment maintained by the Town 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 Town business.
RECORDS ADVISORY BOARD
The board appointed by the Town Board to provide assistance to the Records Management Officer.
RECORDS DISPOSITION
(1) 
The removal by the Town, 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; and
(2) 
The transfer of records from one Town agency to any other Town agency.
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.
RECORDS MANAGEMENT OFFICER
The Town Clerk.
SERVICING
Making information in records available to any Town department for official use or to the public.
TOWN
Town of Ramapo.
There shall be a records management program established under the aegis of the Ramapo Town Clerk. The Town Clerk is designated as the Town's Records Management Officer. The officer will be responsible for administering the non-current and archival public records and storage areas for the Town in accordance with local, state and federal laws and guidelines.
The Town 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 non-current and archival public records kept, filed or received by the officers and departments of the Town of Ramapo.
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 maintaining, storing and servicing of archival material:
(1) 
Obsolete and unnecessary records according to New York State Archives Records Retention and Disposition Schedules (MU-1) thereby subject to disposition;
(2) 
Information containing administrative, legal, fiscal, research, historical or educational value which warrants its permanent retention; or
(3) 
Records not subject to disposition according to state law.
B. 
The Records Management Officer shall establish guidelines for proper records management in any department or agency of Town government in accordance with local, state and federal laws and guidelines.
C. 
The Records Management Officer shall report annually to the Town Board on the powers and duties herein mentioned, including but not limited to the cost-benefit ratio of programs effectuated by the program.
D. 
The Records Management Officer shall 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.
E. 
The Records Management Officer shall establish an inactive records storage area for the storage, processing and servicing of all non-current and archival records for all Town departments and agencies.
F. 
The Records Management Officer shall perform the following functions with respect to the Town. He shall:
(1) 
Advise and assist Town 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, subject to the approval of the Records Advisory Board.
(5) 
Develop a confidentiality policy for archival records designated confidential, provided such policy does not conflict with any federal or state statutes.
(6) 
Provide information services to other Town of Ramapo 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 Town of Ramapo records but which have associational value to the Town 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.
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 representatives appointed by the Town Supervisor. (It may consist of the Town Auditor, the Town Historian, one or two representatives of the Town Board or others who may be beneficial to the duties of a Records Advisory Board.) The Board shall meet periodically and have the following powers and duties. It shall:
A. 
Provide advice to the Town Records Management Officer on the development of the records management program.
B. 
Review the performance of the program on an ongoing basis and propose changes and improvements.
C. 
Review retention periods not covered by the SARA Schedule MU-1 or retention period changes recommended by department heads.
D. 
Provide advice on the appraisal of records for archival value and be the final sign-off entity as to what is or is not archival.
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.
The 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.
No records shall be destroyed or otherwise disposed of by a department of the Town 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.