[HISTORY: Adopted by the Town Board of the Town of Greenburgh 8-17-2005
by L.L. No. 2-2005. Amendments noted where applicable.]
This chapter shall be known as "A Local Law Providing for the Creation
of a Records Management Program in the Town of Greenburgh."
The Town Board of the Town of Greenburgh hereby finds and declares that
a Records Management Program is necessary to encourage and coordinate the
systematic, cost-efficient creation, maintenance of, and accessibility to
official Town records.
There shall be a records management program established under the aegis
of the Records Management Officer. The Officer will be responsible for administering
the noncurrent and archival public records and storage areas for the Town
in accordance with local, state and federal laws and guidelines.
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 Town of Greenburgh.
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:
(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 warrant their permanent retention;
or
(3)
Records not subject to disposition according to state
law.
B.
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.
Report annually to the Board on the powers and duties
herein mentioned, including but not limited to the cost-benefit ratio of programs
effectuated by the program.
D.
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.
Establish inactive records storage areas for the storage,
processing and servicing of all noncurrent and archival records for all Town
departments and agencies.
F.
Perform the following functions with respect to the Town:
(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 Committee.
(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 Town 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
records but which have associated 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 Town archives.
There shall be a Records Advisory Committee designated to work closely
with and provide advice to the Records Management Officer. This Committee
shall consist of representatives appointed by the Board. The Records Advisory
Committee shall meet periodically and have the following powers and duties:
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 State Archives
Schedule MU-1 or retention period changes recommended by department heads.
D.
Provide advice on the appraisal of records for archival
value and to 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 a records disposal form has been executed. Records will
not be destroyed if they are required for any pending audit, litigation or
other investigation.
As used in this chapter, the following terms shall have the meanings
indicated:
Those official records which have been determined by the Records
Management Officer and Advisory Committee to have sufficient historical or
other value to warrant their continued preservation by the Town.
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.
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.
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:
The disposal of temporary records by destruction or donation; or
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
The transfer of records from one Town department to any other Town department.
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.
Making information in records available to any Town Department for
official use or to the public.
Pursuant to New York Municipal Home Rule Law § 22, this chapter
is intended to supersede any inconsistent provision of law,
If any clause, sentence, paragraph, subdivision, section or part of
this chapter or the application to any person or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part of this chapter, or its application to the person
or circumstance, directly involved in the controversy in which such order
or judgment shall be rendered.
This chapter shall take effect immediately upon adoption.
