[HISTORY: Adopted by the Town Board of the Town of Schodack 12-9-1993
as L.L. No. 5-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Public access to records — See Ch. 169.
A.
It is the intent of this chapter that a records management
program be established which will assist officials in making decisions, administering
programs and providing administrative continuity with past operations. They
contain the information that keeps government programs functioning. The program
is intended to document the delivery of services, show the legal responsibilities
of government and protect the legal rights of citizens. These records will
also document the historical development of government itself, the community
and the citizens of the Town of Schodack.
B.
It shall be the responsibility of every public officer
to maintain records to adequately document the transaction of public business
and the services and programs for which such officer is responsible; to retain
and have custody of such records for so long as the records are needed for
the conduct of the business of the office; to adequately protect such records;
to cooperate with the Records Management Officer (RMO) on programs for the
orderly and efficient management of records, including identification and
management of inactive records and identification and preservation of records
of enduring value; to dispose of records in accordance with legal requirements;
and to pass on to his/her successor records needed for the continuing conduct
of the business of the office. Records no longer needed for the conduct of
business of the office shall be transferred to the custody of the Town Clerk
for their safekeeping and ultimate disposal.[1]
[1]
Editor's Note: From Arts and Cultural Affairs Law § 57.25.
As used in this chapter, the following terms shall have the meanings
indicated:
Those records which have been determined by the Town Clerk and the
Records Advisory Committee to be worthy of permanent preservation and special
administration because of the importance of information they contain for continuing
administrative, legal or fiscal purposes or for historical or other research.
The removal of records from town offices or from an inactive records
storage center and their subsequent disposal by one of the following methods:
destruction in accordance with approved records disposition schedules established
by the State of New York and the Town of Schodack; sale; gift; or other authorized
means; or transfer to the archives.
Any book, paper, map, photograph, microform or other information
storage device regardless of physical form of characteristics, made or received
pursuant to law or in conjunction with the transaction of official town business.
A central storage facility maintained by the Records Management Officer
for the efficient storage, reference servicing, security and processing of
inactive records pending their ultimate destruction or transfer to the archives.
The process of systematic creation, organization, planning, maintenance,
use, promotion, record preservation and periodic legal disposition of records.
A published listing, issued by the State Archives and Records Administration
or the State of New York Unified Court System, that indicates the legal minimum
retention periods for local government records.
The minimum period of time which must elapse before a record is eligible
for disposition.
Those records that are essential to the continuing operation of the
town. They are the records that would be required to resume and continue the
operations of government after a major disaster, such as fire or flood, to
protect the legal and financial interests of the town and to preserve the
rights of the people.
A.
Records Management Officer. The Records Management Officer
(RMO) shall be the Town Clerk, who is legal custodian of all town records
according to § 30 of the Town Law. The RMO shall initiate, coordinate
and promote the systematic management of the town's records in accordance
with local, state and federal guidelines.
B.
Records Coordinator. The Town Clerk, with the consent
of the Town Board, may appoint a Records Management Coordinator to exercise,
pursuant to the provisions of this chapter, any or all of the duties of the
Records Management Officer. The compensation of the Records Management Coordinator
shall be fixed by the Town Board.
C.
Other employees. The Town Clerk may appoint such other
employees as may be authorized by the Town Board to carry out the functions
of the records management program.
A.
The RMO shall develop a comprehensive records management
program, including procedures manual, micrographics management, archives management,
records retention periods and assistance to departments in establishing departmental
records management programs to support the overall town records management
program.
B.
Town officers shall continually survey and analyze town
records to establish retention periods according to the State Archives and
Records Administration, the State of New York Unified Court System or the
Records Advisory Committee recommendations, to determine which records may
be transferred to inactive storage and to coordinate the legal destruction
of obsolete records.
C.
The RMO will operate a records center for the storage
of inactive records and shall maintain physical custody of and official responsibility
for all records in his/her possession.
D.
Records which have passed their minimum legal retention
period and are no longer needed for government business or for archival purpose
may be destroyed according to the procedure established by the Town Clerk.
No records shall be destroyed or otherwise disposed of by the Town Clerk without
the written consent of the department head having authority.
E.
The RMO shall manage an archives program, subject to
space, staff and cost limitations, for the identification and administration
of records with enduring value for historical or other research.
F.
The RMO shall coordinate and execute the planning and
development of advanced records management systems and equipment.
There shall be a Records Advisory Board to work and provide advice to
the Town Clerk. The Board shall consist of five members, those being the Town
Supervisor or his/her designee, the Town Historian, the Town Attorney or his/her
designee, the Town Clerk or his/her designee and the Records Coordinator.
Appointments are to be made by the Town Board. In the event that no person
is filling the position of Records Coordinator, the Town Clerk will recommend
a person to serve on this Board. The Board shall meet periodically and have
the following duties:
A.
Provide advice to the Town Clerk 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 proposed by the Town Clerk for
records not covered by the state schedules.
D.
Provide advice on the appraisal of records for archival
value.
The custody of records shall be maintained under the guidelines established
by the RMO and adopted by the Town Board by resolution.
A.
Records stored in the records center shall come under
the full custody of the RMO. The RMO will determine the method and design
of storage.
B.
Records transferred to or acquired by the archives shall
be under the full custody of the archives, as directed by the RMO, rather
than the department which created or held them immediately prior to being
transferred to the archives.
A.
Disposition of records. No records shall be destroyed
or otherwise disposed of by a department of the Town of Schodack without prior
approval of the RMO following guidelines established by the RMO and approved
by the Town Board by resolution.
B.
Historian review. Following required consents and prior
to actual destruction, the RMO will allow the town Historian to review and/or
remove any single document or sampling of documents that are of historic value
to the community.
To comply with Article 6 of the Public Officers Law, the following format
will be followed:
A.
All requests for information shall be in writing, reasonably
describing the record requested and made during regular business hours of
the Town of Schodack RMO.
B.
Within five business days of the receipt of the written
request for a record reasonably described, the Schodack RMO shall make such
records available to the person requesting them, deny such request in writing
or furnish a written acknowledgment of the receipt of such request and the
approximate date when such request will be granted or denied.
C.
Any person denied access to a record may appeal, within
30 days, in writing, such denial to the Town Board.
D.
The Town Board is hereby designated as the appeal agency
for determination of denials and will proceed as follows:
(1)
The Town Board shall, within 10 business days of the
receipt of an appeal, fully explain in writing to the person requesting the
record the reason for further denial, or the Town Board shall provide access
to the record sought.
(2)
The Town Board shall forward to the Committee on Open
Government a copy of such appeal when received by the Town Board and shall
also forward to said committee the ensuing determination thereon.
The fees for copies of records shall not exceed the fees established
by the State of New York or the actual cost of reproduction of any other record,
unless otherwise prescribed by statute.