[Adopted 3-22-1995 by L.L. No. 4-1995]
This article shall be cited and may be referred
to hereafter as the "Records Management Law of the Town of Ramapo."
It is the intention of the Town Board of the
Town of Ramapo to establish a records management program with respect
to the maintenance, storage and legal disposition of Town records.
There shall be a records management program
established under the aegis of the Ramapo Town Clerk. The Town Clerk
is designated as the Town's Records Management Officer. The officer
will be responsible for administering the non-current and archival
public records and storage areas for the Town in accordance with local,
state and federal laws and guidelines.
The Town 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 non-current and archival public records kept, filed or received
by the officers and departments of the Town of Ramapo.
A. The Records Management Officer shall 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 warrants its permanent
retention; or
(3) Records not subject to disposition according to state
law.
B. The Records Management Officer shall 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. The Records Management Officer shall report annually
to the Town Board on the powers and duties herein mentioned, including
but not limited to the cost-benefit ratio of programs effectuated
by the program.
D. The Records Management Officer shall 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. The Records Management Officer shall establish an
inactive records storage area for the storage, processing and servicing
of all non-current and archival records for all Town departments and
agencies.
F. The Records Management Officer shall perform the following
functions with respect to the Town. He shall:
(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 Board.
(5) Develop a confidentiality policy for archival records
designated confidential, provided such policy does not conflict with
any federal or state statutes.
(6) Provide information services to other Town of Ramapo
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 of Ramapo records but which have associational 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 archives.
There shall be a Records Advisory Board designated
to work closely with and provide advice to the Records Management
Officer. The Board shall consist of representatives appointed by the
Town Supervisor. (It may consist of the Town Auditor, the Town Historian,
one or two representatives of the Town Board or others who may be
beneficial to the duties of a Records Advisory Board.) The Board shall
meet periodically and have the following powers and duties. It shall:
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 SARA 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 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 approval has been obtained from
the Records Management Officer. No records shall be destroyed or otherwise
disposed of by the Records Management Officer without the express
written consent of the department head having authority.