[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-18-1974 (Ch. 30, Art. I, of the 1977 Code)]
The Village Board of the Village of Hillburn hereby promulgates
this set of rules in accordance with Chapter 578 of the Laws of 1974.[1]
[1]
Editor's Note: Chapter 578 of the Laws of 1974 was repealed
by Chapter 933 of the Laws of 1977. See now Public Officers Law § 84
et seq.
The Village Clerk is hereby designated as the records access
officer of the Village of Hillburn.
Persons seeking public records shall make application to the
records access officer upon the application form supplied by such
officer, in the event that such records are not readily available.
The records access officer is hereby directed to make available
to persons requesting records those public records which, by law,
are required to be made available for public inspection and copying.
In the event that the request for public records interferes with the
operation of the office of the Village Clerk and makes it difficult
for members of the public to receive the regular services of the Village
Clerk, the records access officer is hereby authorized to establish
hours during each day when she shall process requests for records,
including the times when such requests shall be made in order to enable
her to find the records for review and copying. The times so established
by the records access officer shall be conspicuously posted in the
office of the Village Clerk.
The records access officer is authorized to copy any records
which are within the purview of the law and to charge $0.25 per each
page 8 1/2 inches by 11 inches in size and $0.35 per each page
8 1/2 inches by 15 inches in size. No records shall be reproduced
until payment is first received.
No records shall be removed from the lawful custody of any public
office charged with the duty of maintaining such records.
In the event that any requests cannot be met because such records
are being used for current working purposes, the applicant shall be
advised of such fact and every effort will be made to arrange a specific
time when such records will be available.
In the event that a question arises as to the nature of the
records in that public viewing of such records may result in an unwarranted
invasion of a citizen's personal privacy or may result in a disclosure
of material that must be confidential to promote effective law enforcement
or for any other reasons which, in the opinion of the records access
officer, are valid to promote the public interest while consistent
with the law, the records access officer shall confer with the Village
Attorney before determining if such records shall be made available
for inspection.
In the event that any person is denied access to any public
records in violation of the law, that person shall advise the Village
Board of the Village of Hillburn of such denial, in writing, and set
forth the records requested, the reason for denial and the fact that
the fees for such records were, in fact, tendered.
These regulations shall be temporary and considered as such
until the state guidelines are promulgated and until more comprehensive
regulations can be prepared.
The purpose of such regulations shall be to maintain the spirit
of the law and to recognize that the concept of open records is consistent
with the purpose of the Board of Trustees of the Village of Hillburn.
[Adopted 10-28-1998 by L.L. No. 2-1998 (Ch. 30, Art. II, of
the 1977 Code)]
There shall be a records management program established under
the aegis of the Village Clerk/Treasurer. The Village Clerk/Treasurer
is designated as the village 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 Village 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 Hillburn. 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:
(1)
Obsolete and unnecessary records according to New York State Archives
Records Retention and Disposition Schedules (LGS-1), thereby subject
to disposition;
[Amended 10-27-2020 by L.L. No. 3-2020]
(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 Village 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 an inactive records storage area 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 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 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 of Hillburn
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 Board designated to work closely
with and provide advice to the records management officer. This Board
shall consist of representatives appointed by the Mayor. The Board
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 SARA Schedule MU-1 or
retention period changes recommended by department heads.
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.
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 article, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
records management officer and advisory board to have sufficient historical
or other value to warrant their continued preservation by the Village.
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 be retained
in active office space and equipment.
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.
Making information in records available to any Village department
for official use or to the public.
