[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-3-1977 by L.L. No. 1-1997. Amendments noted where applicable.]
Records — See Ch. 174.
There shall be a Records Management Program established under the aegis of the Mayor 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 Village of Ellenville (the "village") in accordance with local, state and federal laws and guidelines. The RMO shall be the Village Clerk.
The RMO 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 village.
The RMO 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 materials:
Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition;
Information containing administrative, legal, fiscal, research historical or educational value which warrants its permanent retention; or
Records not subject to disposition according to state law.
The RMO shall establish guidelines for proper records management in any department or agency of the village in accordance with local, state and federal laws and guidelines.
The RMO 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.
The officer shall operate a Records Management Center for the storage, processing and servicing of all noncurrent and archival records for all village departments and agencies.
The RMO shall establish a Village Archives and perform the following functions:
Advise and assist the village departments in reviewing and selecting material to be transferred to the Village Archives for preservation.
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.
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board.
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
Provide information services to other village offices.
Collect archival materials which are not official village records but which have associational 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 Archives.
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 four members who shall be designated by the Village Board. 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 RMO for records not covered by the State Archives' schedules.
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.
A village department is the legal custodian of its records and shall retain custody of records deposited in the Records Center. Records transferred to or acquired by the Archives shall be under the custody and control of the Archives rather than the department which created or held them immediately prior to being transferred to the Archives.
Records shall be transferred to the Archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
Records may be permanently removed from the Archives at the request of the RMO or the head of the department which had custody of the records immediately prior to the transfer of those records to the Archives, subject to the approval of the Records Advisory Board.
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 approval has been obtained from the RMO. No records shall be destroyed or otherwise disposed of by the RMO 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 Officer and Advisory Committee to have sufficient historical or other value to warrant their continued preservation by the village.
- 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 village business.
- RECORDS CENTER
- 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 office equipment or space.
- A. The removal by the village, 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:
- B. The transfer of records from one village agency to any other village 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.
- Making information in records available to any village agency for official use or to the public.