[HISTORY: Adopted by the Town Board of the Town of Sand Lake as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Town Clerk — See Ch. 58.
[Adopted 7-9-1997 by L.L. No. 2-1997]
A.
It is the intent of this chapter that a records management
program be established which will assist officials in making decisions, in
administering programs and in providing administrative continuity with past
operations. 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, the community and the citizens of the Town of Sand Lake.
B.
Chapter 737 of the Laws of 1987 and Local Government
Records Law Article 57-A, § 57.25, states that 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 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.
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.
Any book, paper, map, photograph, microfilm or other information
storage device regardless of physical form or 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 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 Sand Lake; sale; gift; or other authorized
means of 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 according
to 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 records management officer will operate a records
center for the storage of inactive records and shall maintain physical custody
and official responsibility of 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 purposes
may be destroyed according to 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 records management officer 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 provide advice to the Town
Clerk. The Board shall consist of five members, those being the Town Supervisor
or his/her designee, Town Historian, the Town Attorney or his/her designee,
and 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.
A.
The originating department has full custody (legal and
physical) over records still in active use.
B.
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.
C.
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 Sand Lake without
prior approval of the RMO following guidelines established by the RMO.
B.
Historian review. Following required consents and prior
to actual destruction, the RMO will allow the Town Historian to review and/or
remove and preserve 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 Sand Lake RMO.
B.
Within five business days of the receipt of the written
request for a record reasonably described, the Town of Sand Lake RMO shall
make such records available to the person requesting it, 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.
