[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas
Joel 1-6-2004 by L.L. No. 2-2004.[1] Amendments noted where applicable.]
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 Village
in accordance with local, state and federal laws and guidelines. The Records
Management Officer of the Village of Kiryas Joel shall be the Village Clerk
or his appointed designee.
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 Kiryas
Joel. 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, such as:
(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 Village 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 Village
departments and agencies.
F.
Perform the following functions with respect to the Village:
(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. 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 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.
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 Mayor. The Records Advisory
Committee shall meet periodically and have the following powers and duties:
A.
Provide advice to the Village 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 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 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.
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.
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 Village.
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.
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.
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:
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 Village department to any other Village
department.
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 he retained in active office space and
equipment.
Making information in records available to any Village department
for official use or to the public.
This chapter shall take effect immediately upon adoption.
