[Adopted 7-19-1994 by L.L. No. 2-1994 (Subpart 1, Div. 3, of the 1974 Code)]
Records and information resources are essential to the administration. Without records and information, local government would cease to function. It is the intent of this article that a records management program be established which will improve the quality of the decisionmaking process, reduce overall administration cost, streamline work, facilitate access to needed or important information, reduce legal liability due to inaccurate or inadequate record keeping and ensure adequate access to documentation of the growth and development of the Guilderland community. This program is intended to ensure the accountability of local government and protect the rights of citizens. The program addresses the entire life cycle of records, from creation to use, storage and disposition of all records, regardless of format, to ensure that the right information goes to the right person at the right time.
A. 
There shall be a records management program established under the aegis of the Town Clerk and headed by the records management officer. The Town Clerk is designated as the records management officer (RMO) and will be responsible for administering all public records in the town in accordance with local, state and federal laws and guidelines.
B. 
The RMO may appoint a designee to carry out the specific duties listed in § 89-6 of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
To facilitate, support and promote the records management program, the RMO may appoint, subject to Town Board approval, a Records Advisory Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The RMO shall ensure intelligible access to electronically stored records.
As used in this article, the following terms shall have the meanings indicated:
ACTIVE RECORD
Any record used on a frequent basis, normally at least one time per week per file drawer. Records referred to less than one time per week are considered inactive.
ARCHIVES
Those official records deemed by the records management officer, using appropriate state schedules, to have sufficient continuing value to warrant indefinite retention by the town.
INACTIVE RECORD
A record not used on a frequent basis but which must be retained because it has a long retention or is permanent.
RECORDS
In accordance with § 57.17 of the Arts and Cultural Affairs Law, official minutes and documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form or characteristics, made or received in the course of conduct of official town business.[1]
RECORDS CENTER
Centralized storage area for storage and retrieval of inactive records no longer needed in the office of origin which must be legally retained for varying periods of time.
RECORDS DISPOSITION
Eventual destruction by approved methods of obsolete records in accordance with an approved records retention schedule or by accession of records to an archives.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in the life cycle of all records and information.
RMO
Records management officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The records management officer shall examine public records to recommend their classification, according to State Archives Records Administration (SARA), and determine the most suitable methods to be used for maintaining, storing and servicing.
B. 
The records management officer shall establish guidelines for proper records management in all departments of the town government in accordance with local, state and federal laws and guidelines.
C. 
The RMO shall establish policies and procedures pursuant to a sound records management program.
D. 
The records management officer shall operate a records center for the management, storage and disposition of all public records.
E. 
The records management officer shall report annually to the governing body, including but not limited to the development and progress of programs to date, cost savings, cost avoidance and planned activities for subsequent years.
F. 
The records management officer shall chair, coordinate and direct the Records Advisory Council, should one be appointed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Additional requirements of the records management officer include but are not limited to:
(1) 
Developing a comprehensive records management program.
(2) 
Encouraging and coordinating the continuous legal destruction of obsolete records through the implementation of the State Archive Records Retention and Disposition Schedules.
(3) 
Developing suitable retention periods for records not covered by the New York State Records Retention and Disposition Schedules. (Subsequently, the RMO must secure approval of such retention periods from the New York State Commissioner of Education and gain adoption from the Town Board of any proposed change before the retention period takes effect.)
(4) 
Establishing and maintaining a sound records and information system that supports the Town of Guilderland's overall records program and encouraging the continued efficient management of records within respective departments.
(5) 
Coordinating grant application and budget process for records management.
(6) 
Coordinating, carrying out or participating in the planning for development and selection of advanced records and information systems and equipment, including but not limited to optical disk, computers, micro or other imaging, and geographical information systems.
A. 
Active records. The originating department has full custody (legal and physical) over records still in active use.
B. 
Inactive records. The originating department is the legal custodian of its records and shall retain the power to retrieve and use records deposited in inactive storage in the records center. The RMO will have physical custody of inactive records and will determine the method and design of storage.
C. 
Archival records. The RMO has legal and physical custody of records to be transferred or acquired by the archives. Records shall be transferred to or removed from archives by the request of and approval of the RMO. Archival records may be removed temporarily or permanently with RMO approval. When records are transferred to archives they become the property of the Town of Guilderland and the sole custody of the RMO.
D. 
Disposition. No record shall be destroyed or otherwise disposed of without approval of the department head and the RMO.
E. 
By this article, all state schedules now or in the future shall be adopted.