[HISTORY: Adopted by the Town Board of the Town of Schaghticoke
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public access to records — See Ch. 100.
[Adopted 1-21-1995]
There shall be a records management program established under
the aegis of the Town Clerk and headed by a records management officer
(RMO). The officer will be responsible for administering the noncurrent
and archival public records and storage areas for the Town of Schaghticoke
in accordance with local, state and federal laws and guidelines.
The 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 offices and departments of the Town
of Schaghticoke.
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 Records
Retention and Disposition Schedules 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.
The officer shall establish guidelines for proper records management
in any department or agency of the town in accordance with local,
state and federal laws and guidelines.
C.
The officer shall report annually to the Supervisor and the governing
body on the powers and duties herein mentioned, including but not
limited to the cost/benefit ratio of programs effectuated by the department.
D.
The officer shall operate a records management center for the storage,
processing and servicing of all noncurrent and archival records for
all town departments and agencies.
E.
The officer shall establish a town archives and perform the following
functions:
(1)
Advise and assist town departments in reviewing and selecting material
to be transferred to the town's archives for 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 that such policy does not conflict with any
federal or state statutes.
(6)
Provide information services to other town offices.
(7)
Collect archival materials which are not official town 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.
(8)
Develop a procedure whereby historically important records are to
be identified at the point of generation.
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 the Town Attorney and the Town Historian, The Board
Shall meet periodically and have the following duties:
A.
Provide advice to the 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 proposed by the records management officer
for records not covered by State Archives schedules.
D.
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.
A.
A town department is the legal custodian of its records and shall
retain custody of records deposited in the records center. Records
transferred to or acquired by the archives shall be under the custody
and control of the archives rather than the department which created
or held them immediately prior to being transferred to the archives.
B.
Records shall be transferred to the archives upon the recommendation
of the RMO or the head of the department which has custody of the
records and the approval of the Records Advisory Board.
C.
Records may be permanently removed from the archives at the request
of the RMO or the head of the department which has custody of the
records immediately prior to the transfer of those records to the
archives, subject to the approval of the Records Advisory Board.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
officer and Advisory Committee to have sufficient historical or other
value to warrant their continued preservation by the local government.
Any documents, books, papers photographs, microforms or any
other materials, regardless of physical form or characteristics, made
or received pursuant to law or ordinances or in connection with the
transaction of official town business.
An establishment maintained by the town primarily for the
storage, servicing, security and processing of records which must
be preserved for varying periods of time and need not be retained
in office equipment or space.
The planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including
records preservation, records disposal and records centers or other
storage facilities.
Making information in records available to any town agency
for official use or to the public.
