[Adopted 2-15-1995 by L.L. No. 1-1995]
There shall be a records management program established under
the aegis of the Town Board of the Town of Delaware 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 Delaware in accordance with local, state and
federal laws and guidelines. The RMO shall be the Town Clerk of the
Town of Delaware.
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 Delaware.
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;
or
(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 the Town of Delaware in accordance with local, state
and federal laws and guidelines.
C. Report annually to the chief executive official 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 of Delaware departments and agencies.
E. The officer shall establish a Town of Delaware archives and perform
the following functions:
(1) Advise and assist Town of Delaware departments in reviewing and selecting
material to be transferred to the Town of Delaware 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, providing such policy does not conflict with any federal
or state statutes.
(6) Provide information services to the Town of Delaware officers.
(7) Collect archival materials which are not official Town of Delaware
records but which have associational value to the Town of Delaware
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 Supervisor of the Town of Delaware, one Town
Councilman designated by the Town Supervisor, the Town Historian or
a resident of the Town of Delaware as appointed by the Town Supervisor.
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 office
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 archived.
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.
No records shall be destroyed or otherwise disposed of by a
department of the Town of Delaware 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 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
characteristics, made or received pursuant to law or ordinance or
in connection with the transaction of official Town of Delaware business.
RECORDS CENTER
An establishment maintained by the Town of Delaware 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 Delaware, 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;
or
(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 Delaware agency to
any other Town of Delaware agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including
records preservation, records disposal and records center or other
storage facilities.
SERVICING
Making information in records available to any Town of Delaware
agency for official use or to the public.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Records shall be available for public inspection and copying
at the office of the Town Clerk, 104 Main Street, Hortonville, New
York 12745.
Requests for public access to records shall be accepted and
records produced during regular office hours.