[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.
A.
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.
B.
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:
(1)
Obsolete and unnecessary records according to New York
State Archives Records Retention and Disposition Schedule (MU-1) 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.
C.
The Records Management Officer shall:
(1)
Establish guidelines for proper records management in
any department or agency of Town government in accordance with local, state
and federal laws and guidelines.
(2)
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.
(3)
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.
(4)
Establish an inactive records storage area for the storage,
processing and servicing of all noncurrent and archival records for all Town
departments and agencies.
D.
The Records Management Officer shall perform the following
functions with respect to the Town:
(1)
Advise and assist Town departments in reviewing and selecting
records to be transferred to the inactive records storage area for storage
and/or 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 and state statutes.
(6)
Provide information services to other Town of New Windsor
offices.
(7)
Develop a procedure whereby historically important records
are to be identified at the point of generation.
(8)
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:
A.
Provide advice to the Town 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 not covered by the SARA Schedule
MU-1 or retention period changes recommended by department heads.
D.
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.
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.
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:
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.
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.
