[Adopted 2-25-1997 by L.L. No. 1-1997]
The appointment of the City Clerk as Records Management Officer by the City Manager pursuant to Article 57-A, Local Government Records Law, of the Arts and Cultural Affairs Law of the State of New York was approved by the City Council by Resolution No. 251, authenticated and certified September 14, 1988. The City Clerk as RMO will be responsible for administering the noncurrent and archival public records and storage areas for the City of New Rochelle in accordance with local, state and federal laws and guidelines.
The City of New Rochelle's Records Management Program objectives shall be to:
Facilitate the creation of usable records containing accurate and complete information.
Save tax dollars through efficient administration of information resources.
Prevent the creation of unnecessary records.
Make recorded information available and readily accessible when needed, thereby minimizing time spent searching for files and documents.
Ensure the systematic legal disposition of obsolete records.
Encourage the lasting preservation of archival records - those identified as having sufficient legal, administrative, fiscal or historical value to warrant their permanent retention.
The City Clerk as the 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 offices and departments of the City of New Rochelle.
The City Clerk shall continually survey and examine public records to recommend their classification so as to determine the most suitable method to be used for the maintaining, storing and servicing of archival material. Classifications shall be as follows:
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 warrant their permanent retention; or
Records not subject to disposition according to state law.
The City Clerk, working independently and/or with the advice of the Local Government Records Management Advisory Council, shall establish guidelines for proper records management in any department or agency of the City of New Rochelle in accordance with local, state and federal laws and guidelines.
The City Clerk shall report annually to the chief executive official and the governing body of the powers and duties herein mentioned, including but not limited to the attainment of annual planning goals and objectives.
The City Clerk shall operate a Records Management Center for the storage, processing and servicing of all noncurrent and archival records for all City of New Rochelle departments and agencies.
The City Clerk shall establish a City of New Rochelle Archives and perform the following functions:
Advise and assist City of New Rochelle departments in reviewing and selecting material to be transferred to the City of New Rochelle 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 City of New Rochelle offices.
Collect archival materials which are not official City of New Rochelle records but which have associational value to the City of New Rochelle 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 Local Government Records Management Advisory Board designated to work closely with and provide advice to the City Clerk (RMO). The Board shall be appointed by the City Clerk (RMO) and shall include the following members: the City Clerk as its Chairperson, a liaison member of City Council, the City's Historian, representatives of key City departments, such as Development, Law, Finance, City Clerk's Office, Police, Fire, Public Works; at least one representative from the Thomas Paine Historical Society; and other interested citizens. 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 Office for records not covered by 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 City of New Rochelle 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.
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.
The City of New Rochelle 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 City of New Rochelle 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:
- Those official records which have been determined by the City Clerk (RMO) and Advisory Board to have sufficient historical or other value to warrant their continued preservation by the local government.
- 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 City of New Rochelle business.
- 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.
- A. The removal by the City of New Rochelle, 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 City of New Rochelle agency to any other City of New Rochelle agency.
- RECORDS CENTER
- An establishment maintained by the City of New Rochelle 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.
- Making information in records available to any City of New Rochelle agency for official use or to the public.