[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Public Access to Records
Policy Local Law."
Records shall be available for public inspection and copying
at:
Town Clerk's Office
P.O. Box 157
3140 State Route 28
Old Forge, New York 13420
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Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are 9:00 a.m. to 4:00 p.m., Monday through Friday.
A notice containing the title or name and business address of
the records access officers and appeals person or body and the location
where records can be seen or copied shall be posted in a conspicuous
location wherever records are kept and/or published in a local newspaper
of general circulation.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Records Retention and Disposition
Local Law."
There shall be a records management program established under
the aegis of the Town Board and headed by a records management officer
(RMO) or his/her designee. The officer will be responsible for administering
the noncurrent and archival public records and storage areas for the
Town of Webb 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 Webb. 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,
as follows:
(1) Obsolete and unnecessary records according to New York State records
retention and disposition schedules thereby subject to the disposition.
(2) Information containing administrative, legal, fiscal, research, historical
or educational value which warrants its permanent retention.
(3) Records not subject to disposition according to state law.
B. Establish guidelines for proper records management in any department
or agency of the Town of Webb in accordance with local, state and
federal laws and guidelines.
C. Report annually to the Town of Webb Supervisor and the Town Board
on the powers and duties herein mentioned, including but not limited
to the cost/benefit ratio of programs effectuated by the department.
D. Operate a records management center for the storage, processing and
servicing of all noncurrent and archival records for all Town of Webb
departments and agencies.
E. Establish a Town of Webb archives and perform the following functions:
(1) Advise and assist Town of Webb departments in reviewing and selecting
material to be transferred to the Town of Webb 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 of Webb offices.
(7) Collect archival materials which are not official Town of Webb records
but which have associational value to the Town of Webb 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 local officials and interested citizens as appointed
by the Town Board. 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
to propose changes and improvements.
C. To review retention periods proposed by the records management officer
for records not covered by state archives 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.
The Town Attorney may take steps to recover local government
records which have been alienated from proper custody and may, when
necessary, institute action of replevin.
No records shall be destroyed or otherwise disposed of by a
department of the Town of Webb 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
consent of the department head having authority.
As used in this article, the following terms shall have the
meanings indicated:
ARCHIVES
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.
RECORDS
Any documents, books, papers, photographs, sound recordings,
microforms or any other materials, regardless of physical form or
characteristic, made or received pursuant to law or ordinance or in
connection with the transaction of official Town of Webb business.
RECORDS CENTER
An establishment maintained by the Town of Webb 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.
RECORDS DISPOSITION
A.
The removal by the Town of Webb, in accordance with approved
records control schedules, of records no longer necessary for the
conduct of business by such agency through removal methods which may
include:
(1)
The disposal of temporary records by destruction or donation.
(2)
The transfer of records to the record center/archives for temporary
storage of inactive records and permanent storage of records determined
to have historical or other sufficient value warranting continued
preservation.
B.
The transfer of records from one Town of Webb agency to any
other Town of Webb agency.
RECORDS MANAGEMENT
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.
SERVICING
Making information in records available to any Town of Webb
agency for official use or to the public.