[HISTORY: Adopted by the Council of the City
of Rye 11-20-1996 by L.L. No. 11-1996; amended in its entirety 10-6-2021 by L.L. No. 11-2021. Subsequent amendments noted where applicable.]
There shall be a records management program established under
the aegis of the City of Rye Clerk. The City Clerk is designated as
the City's Records Management Officer. The Officer will be responsible
for administering the noncurrent and archival public records and storage
areas for the City in accordance with local, state and federal laws
and guidelines.
A.Â
The City 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 City of Rye.
B.Â
The Records Management Officer shall:
(1)Â
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.
"Archival material" shall be:
(a)Â
Obsolete and unnecessary records according to New York State
Archives Records Retention and Disposition Schedules (LGS-1) thereby
subject to disposition;
(b)Â
Information containing administrative, legal, fiscal, research,
historical or educational value which warrant their permanent retention;
or
(c)Â
Records not subject to disposition according to state law.
(2)Â
Establish guidelines for proper records management in any department
or agency of City government in accordance with local, state and federal
laws and guidelines.
(3)Â
Report annually to the City Council on the powers and duties herein
mentioned, including but not limited to the cost-benefit ratio of
programs effectuated by the program.
(4)Â
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.
(5)Â
Establish an inactive records storage area for the storage, processing
and servicing of all noncurrent and archival records for all City
departments and agencies.
C.Â
The Records Management Officer shall perform the following functions
with respect to the City:
(1)Â
Advise and assist City departments in reviewing and selecting records
to be transferred to the inactive records storage area for storage
and/or preservation.
(2)Â
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)Â
Establish and maintain an adequate repository for the proper storage,
conservation, processing and servicing of archival records.
(4)Â
Promulgate rules governing public access to and use of records in
the archives, subject to the approval of the Records Advisory Board.
(5)Â
Develop a confidentiality policy for archival records designated
confidential, provided that such policy does not conflict with any
federal or state statutes.
(6)Â
Provide information services to other City of Rye offices.
(7)Â
Develop a procedure whereby historically important records are to
be identified at the point of generation.
(8)Â
Collect archival materials which are not official City of Rye records
but which have associational value to the City 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.
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 Mayor or City Manager.
(It may consist of the City Auditor, the City Historian, one or two
representatives of the City Council or others who may be beneficial
to the duties of a Records Advisory Board.) The Board shall meet periodically
and have the following powers and duties:
A.Â
Provide advice to the City Records Management Officer on the development
of the records management program.
B.Â
Review the performance of the program on an ongoing basis and propose
changes and improvements.
C.Â
Review retention periods not covered by the LGS-1 or retention period
changes recommended by department heads.
D.Â
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 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 City 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 City 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 Committee to have sufficient
historical or other value to warrant their continued preservation
by the City.
An establishment maintained by the City 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 City business.
The removal by the City, 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:
The disposal of temporary records by destruction or donation;
or
The transfer of records to the inactive records storage area
for temporary storage of inactive records and permanent storage of
records determined to have historical or other sufficient value warranting
continued preservation; or
The transfer of records from one City agency to any other City
agency.
The planning, controlling, directing, organizing, training,
promotion and other managerial activities involved in records maintenance,
use and disposition, including records preservation, disposal, records
centers or other storage facilities.
Making information in records available to any City department
for official use or to the public.
