[HISTORY: Adopted by the Town Board of the Town of New Windsor 5-15-1996 by L.L. No. 2-1996 (Ch. 31 of the 1972 Code). Amendments noted where applicable.]
There shall be a records management program established under the aegis of the New Windsor Town Clerk. The Town Clerk is designated as the Town's Records Management Officer. 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 Town Records Management 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 officers and departments of the Town of New Windsor.
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. Such records shall be as follows:
Obsolete and unnecessary records according to New York State Archives Records Retention and Disposition Schedule (MU-1) 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 Records Management Officer shall:
Establish guidelines for proper records management in any department or agency of Town government in accordance with local, state and federal laws and guidelines.
Report annually to the Town Board on the powers and duties herein mentioned, including but not limited to the cost-benefit ratio of programs effectuated by the program.
Oversee all requests for records storage equipment, microfilm equipment, etc., and coordinate and participate in planning for the expansion of micrographics and automated data processing systems.
Establish an inactive records storage area for the storage, processing and servicing of all noncurrent and archival records for all Town departments and agencies.
The Records Management Officer shall perform the following functions with respect to the Town:
Advise and assist Town departments in reviewing and selecting records to be transferred to the inactive records storage area for storage and/or 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 and state statutes.
Provide information services to other Town of New Windsor offices.
Develop a procedure whereby historically important records are to be identified at the point of generation.
Collect archival materials which are not official Town of New Windsor records but which have associated value to the Town or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff, the cost limitations and the potential endangerment of such materials if they are not collected by the archives.
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 representatives appointed by the Town Supervisor. The Board shall meet periodically and have the following powers and duties. The Board shall:
Provide advice to the Town 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 not covered by the SARA Schedule MU-1 or retention period changes recommended by department heads.
Provide advice on the appraisal of records for archival value and be the final signoff 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, regardless of their physical location.
The Attorney for the Town 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 a records disposal form has been executed. Records will not be destroyed if they are required for any pending audit, litigation or other investigation.
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 Advisory Board to have sufficient historical value to warrant their continued preservation by the Town.
- INACTIVE RECORDS STORAGE AREA
- 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 active office space and equipment.
- Any documents, books, papers, photographs, sound recordings, microfilm 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 DISPOSITION
- 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 methods which may include:
- RECORDS MANAGEMENT
- A. The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records maintenance, use and disposition, including records preservation and disposal, records centers or other storage facilities.
- B. The transfer of records from one Town agency to any other Town agency.
- Making information in records available to any Town department for official use or to the public.