[Adopted 7-7-1981 by L.L.
No. 5-1981 (Ch. 62, Art. I, of the 2003 Code); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Records shall be available for public inspection and copying
at:
Thompson Town Hall
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4052 Rt. 42
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Monticello, NY 12701
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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 Monday through Friday, 8:30 a.m. to 4:30 p.m.
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.
If any provision of these regulations or the application thereof
to any person or circumstances is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity
of the other provisions of these regulations or the application thereof
to other persons and circumstances.
[Adopted 11-1-1994 by L.L. No. 6-1994 (Ch. 62, Art. II, of the 2003 Code)]
There shall be a records management program
established under the aegis of the Town Board 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 in accordance with local, state and federal laws and guidelines.
The RMO shall be the Town Clerk or his designee.
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.
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 warrants its permanent
retention; or
(3) Records not subject to disposition according to state
law.
B. The records management 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 records management officer shall 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 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 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 Board, Town Attorney
and Town Comptroller. 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
archival.
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 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 Board 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 business.
RECORDS CENTER
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.
RECORDS DISPOSITION
A.
The removal by the Town, 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 records center/archives
for temporary storage of inactive records and permanent storage of
records determined to have historical or other sufficient value warranting
continued preservation; and
B.
The transfer of records from one Town agency
to any other Town 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 agency
for official use or to the public.