Dutchess County , NY
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[HISTORY: Adopted by Dutchess County 7-28-1986 by L.L. No. 3-1986. Amendments noted where applicable.]
Local Government Records Law — See Arts and Cultural Affairs Law Art. 57-a.
[Amended 5-14-2012 by L.L. No. 4-2012]
There shall be a records management program established under the aegis of the Office of the Dutchess County Clerk and headed by a Records Management Officer. The Dutchess County Executive shall designate the Records Management Officer. The Records Management Officer will be responsible for administering the non-current and archival public records and storage areas for the County of Dutchess 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 non-current and archival public records kept, filed or received by the offices and departments of the County of Dutchess. 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:
Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition; or
Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention; or
Records not subject to disposition according to state law.
Establish guidelines for proper records management in any department or agency of County government in accordance with local, state and federal laws and guidelines.
Report annually to the County Executive and Legislature on the powers and duties herein mentioned, including, but not limited to, the cost/benefit ratio of programs effectuated by the department.
Operate a County Records Management Center for the storage, processing and servicing of all non-current and archival records for all County departments and agencies.
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 County Clerk, the County Historian, a representative of the County Legislature selected by the Chair of the Legislature, the Commissioner of Computer Information Systems, the President of the County Historical Society, or his/her designee, the President of the Dutchess County Municipal Historians Association, or his/her designee, the President of the Genealogical Society, or his/her designee, and a Dutchess County archivist to be selected by the County Historian.
The Board shall meet periodically and have the following duties:
Provide advice to the Records Management Officer on the development of the records management program;
Review the performance of the program on an ongoing basis and propose changes and improvements;
Review retention periods proposed by the Records Management Officer for records not covered by State Archives' schedules;[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Provide advice on the appraisal of records for archival value and 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.
No records shall be destroyed or otherwise disposed of by a department of the County 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 Records Management Officer and Records Advisory Board to have sufficient historical or other value to warrant their continued preservation by the County.[1]
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 County business.
An establishment maintained by the department 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 removal by the County, 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:
The disposal of temporary records by destruction or donation; or
The transfer of records to the Division of Central Services for temporary storage of archival records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and
The transfer of records from one County agency to any other County agency.
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 records centers or other storage facilities.
Making information in records available to any County agency for official use or to the public.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).