Records are essential to the administration of local government. They
contain the information that keeps government programs functioning. 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. The program is intended
to document the delivery of services, show the legal responsibilities of government
and protect the legal rights of citizens. It will contain information on taxation
and the management and expenditure of funds. These records will also document
the historical development of government itself, the community and the people
of the town.
As used in this chapter, the following terms shall have the meanings
indicated:
ARCHIVES
Those official records which have been determined by the records
management officer and Advisory Board to have sufficient historical or other
value to warrant the continued preservation by the town.
RECORDS
Official files, minutes and documents, books, papers, photographs,
sound recordings, microforms or any other materials, regardless of physical
form or characteristics, made or received pursuant to law or in conjunction
with the transaction of official town business.
RECORDS CENTER
A central storage area maintained by the records management officer
for the storage, servicing, security and processing of records which must
be preserved for varying periods of time.
RECORDS DISPOSITION
The removal by the Town of East Bloomfield, in accordance with approved
records control schedules, of the records no longer necessary for the conduct
of business by such agency through removal methods which may include the disposition
of temporary records by destruction or donation or the transfer of records
to a central storage facility for records with scheduled retention periods
or permanent storage of records determined to have historical or other sufficient
value warranting continued preservation or the transfer of records from one
town agency to another town agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in records creation, records maintenance
and use and records disposition, including records preservation, records disposal
and the records center or other storage facilities.
REPLEVIN
The recovery by a person of goods claimed to be his, on his promise
to test the matter in court and give the goods up again if defeated.
SERVICING
Making information in records available to any agency for official
use or to the public.
The records management officer shall have all the necessary powers to
carry out the efficient administration and determination of value, use, preservation,
storage and disposition of the public records kept, filed or received by the
officers and department of the town.
A. The records management officer shall continually survey
and examine public records to recommend their classification so as to determine
the most suitable method to be used for maintaining, storing and servicing
them under the following guidelines:
(1) Disposition. Records deemed obsolete and unnecessary
according to the New York State Records Retention and Disposition Schedule
are subject to disposition.
(2) Archival retention. Records containing information with
administrative, legal, fiscal, research, historical or educational value which
warranted their permanent retention are subject to archival retention.
(3) Active retention. Records not yet subject to disposition
according to state law are subject to active retention.
B. The records management officer shall establish guidelines
for proper records management in any department of the town government in
accordance with local, state and federal laws and guidelines.
C. The records management officer shall report annually
to the governing body on the powers and duties herein mentioned, including,
but not limited to, the development and progress of programs to date and planned
activities for subsequent years.
D. The records management officer shall operate a central
records management storage facility for storage, processing and servicing
of all town records for all town departments and agencies.
E. Additional requirement of the records management officer
include, but are not limited to:
(1) Development of a comprehensive records management program.
(2) Conduct of an initial survey and analysis of all records,
to be followed up annually with a report of records stored.
(3) Encouragement and coordination of the continuous legal
destruction of obsolete records through the adoption and use of the State
Archives Records Retention and Disposition Schedules.
(4) Development of suitable retention periods for records
not covered by the New York State Records Retention and Disposition Schedules.
(Subsequently, the records management officer 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.)
(5) Assistance to each department for the establishment of
a records management system to support the overall town records management
program and encouragement of the continued efficient management of records
within respective departments.
(6) Setting up and overseeing a center for the storage of
inactive records.
(7) Maintenance of archival materials which are not official
town records by which have historical value to the community or close relationship
to the existing archival collection. This 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.
(8) Coordination of and carrying out or participating in
the planning for development of advanced records management systems and equipment.
(9) Preparation of special and annual reports for the Town
Board on the records management program's progress, cost savings and
cost avoidance problems and additional issues.
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 three members, suggested but not limited to the following areas: Town Historian,
a department head, a Council person, a library representative, an attorney
and a member of the community. Appointments are to be made by the Supervisor.
The Board shall meet periodically and have the following duties:
A. To provide advice to the records management officer on
the development of the records management program.
B. To review the performance of the program on an ongoing
basis and propose changes and improvements.
C. To review any changes in retention periods proposed by
the records management officer for records not covered by the State Archive
Schedules.
D. To provide advice on the appraisal of records for archival
value and to be the final sign-off entity as to what is or is not archival.
No records shall be destroyed or otherwise disposed of by a department
of the town until it has met the time limit on the New York State Records
Retention and Disposition Schedule or unless approved of by 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. Following required consents and prior to actual destruction,
the records management officer 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.
The Legal Department may take steps to recover local government records
which have been alienated from proper custody and may, when necessary, institute
actions of replevin.
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 East Bloomfield offices.
B. Within five business days of the receipt of the written
request, one of the following will occur:
(1) The record will be made available to the person requesting
it.
(2) The request will be denied, in writing.
(3) A written acknowledgment of the receipt of the request
and a statement of the approximate date when such request shall be granted
or denied will be forwarded.
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 records 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 agency and shall also
forward to said Committee the enduring determination thereon.
A set fee will be charged per photocopy of a record. Such charges will
be established by resolution of the Town Board.