[HISTORY: Adopted by the Town Board of the Town of Niskayuna 2-13-1996
as L.L. No. 1-1996. Amendments noted where applicable.]
A.
It is the intent of this chapter to establish a Records
Management Program, which will assist officials in making decisions, in administering
programs and in providing administrative continuity with past operations.
The program is intended to document the delivery of services, show the legal
responsibilities of government and protect the legal rights of citizens. These
records will also document the historical development of government, the community
and the citizens of the Town of Niskayuna.
B.
Chapter 737 of the Laws of 1987 and Local Government
Records Law, Article 57-A, § 57.25, states that it shall be the
responsibility of every public officer to maintain records to adequately document
the transaction of public business and the services and programs for which
such officer is responsible; to retain and have custody of such records for
so long as the records are needed for the conduct of business of the office;
to adequately protect such records; to cooperate with the Records Management
Officer on programs for the orderly and efficient management of records, including
identification and management of inactive records and identification and preservation
of records of enduring value; to dispose of records in accordance with legal
requirements; and to pass on to his/her successor records needed for the continuing
conduct of the business of the office. Records no longer needed for the conduct
of business of the office shall be transferred to the custody of the Town
Clerk for their safekeeping and ultimate disposal.
As used in this chapter, the following terms shall have the meanings
indicated.
Those records which have been determined by the Town Clerk and the
Records Advisory Committee to be worthy of permanent preservation and special
administration because of the importance of information they contain for continuing
administrative, legal or fiscal purposes or for historical or other research.
The removal of records from Town offices or from an inactive records
storage center and their subsequent disposal by one of the following methods:
destruction in accordance with approved records disposition schedules established
by the State of New York and the Town of Niskayuna; sale; gift; or other authorized
means or transfer to the archives.
Any book, paper, map, photograph, microfilm or other information
storage device regardless of physical form or characteristics, made or received
pursuant to law or in conjunction with the transaction of official Town business.
The planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in the life cycle of all records
and information.
Records Management Officer.
A central storage facility maintained by the Records Management Officer
for the efficient storage, reference servicing, security and processing of
inactive records pending their ultimate destruction or transfer to the archives.
A published listing, issued by the State Archives and Records Administration
or the State of New York Unified Court System, that indicates the legal minimum
retention periods for local government records.
The minimum period of time which must elapse before a record is eligible
for disposition.
Those records that are essential to the continuing operation of the
Town. They are the records that would be required to resume and continue the
operations of government after a major disaster, such as fire or flood, to
protect the legal and financial interests of the Town and to preserve the
rights of the people.
A.
Records Management Officer. The Records Management Officer
(RMO) shall be the Town Clerk, who is legal custodian of all Town records
according to § 30 of the Town Law. The RMO shall initiate, coordinate
and promote the systematic management of the Town's records in accordance
with local, state and federal guidelines.
B.
Records Coordinator. The Town Clerk, with the consent
of the Town Board, may appoint a Records Management Coordinator to exercise,
pursuant to the provisions of this chapter, any or all of the duties of the
Records Management Officer. The compensation of the Records Management Coordinator
shall be fixed by the Town Board.
C.
Other employees. The Town Clerk may appoint such other
employees as may be authorized by the Town Board to carry out the functions
of the records management program.
A.
The RMO shall develop a comprehensive records management
program, including procedures manual, micrographics management, archives management,
records retention periods and assistance to departments in establishing departmental
records management programs to support the overall Town records management
program.
B.
Town officers shall continually survey and analyze Town
records to establish retention periods according to the State Archives and
Records Administration, the State of New York Unified Court System or according
to the Records Advisory Committee recommendations to determine which records
may be transferred to inactive storage and to coordinate the legal destruction
of obsolete records.
C.
The RMO will operate a records center for the storage
of inactive records and shall maintain physical custody and official responsibility
of all records in his/her possession.
D.
Records which have passed their minimum legal retention
period and are no longer needed for government business or for archival purpose,
may be destroyed according to procedures established by the Town Clerk. No
records shall be destroyed or otherwise disposed of by the Town Clerk without
the written consent of the department head having authority.
E.
The Records Management Officer shall coordinate and direct
the Records Advisory Committee.
F.
The RMO shall manage an archives program, subject to
space, staff and cost limitations, for the identification and administration
of records with enduring value for historical or other research.
G.
The RMO shall coordinate and execute the planning and
development of advanced records management systems and equipment.
H.
The RMO shall coordinate the grant application process
for records management.
I.
The RMO shall coordinate, carry out or participate in
the planning for development of advanced records and information systems and
equipment.
There shall be a Records Advisory Board to provide advice to the Town
Clerk. The Board shall consist of at least five members from the following
categories: Town Supervisor or his/her designee; Town Attorney or his/her
designee; a member of the Town Board designated by the Town Supervisor; the
Records Coordinator; and a Department Head designated by the Town Supervisor.
In the event that no person is filling the position of Records Coordinator,
the Town Clerk will recommend a person to serve on this Board. The Board shall
meet periodically and have the following duties:
A.
Provide advice to the Town Clerk 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 proposed by the Town Clerk for
records not covered by the state schedules.
D.
Provide advice on the appraisal of records for archival
value.
A.
The originating department has full custody (legal and
physical) over records still in active use.
B.
Records stored in the records center shall come under
the full custody of the RMO. The RMO will determine the method and design
of storage.
C.
Records transferred to or acquired by the archives shall
be under the full custody of the archives, as directed by the RMO, rather
than the department which created or held them immediately prior to being
transferred to the archives.
A.
Disposition of records. No records shall be destroyed
or otherwise disposed of by a department of the Town of Niskayuna without
prior approval of the RMO following guidelines established by the RMO.
B.
Historian review. Following required consents and prior
to actual destruction, the RMO will allow the Town Historian to review and/or
remove and preserve any single document or sampling of documents that are
of historic value to the community.
To comply with Article 6 of the Public Officers Law, the following format
will be followed:
A.
All requests for information shall be in writing, reasonably
describing the record requested and made during regular business hours of
the Town of Niskayuna RMO.
B.
Within five business days of the receipt of the written
request for a record reasonably described, the Niskayuna RMO shall make such
record available to the person requesting it, deny such request in writing
or furnish a written acknowledgment of the receipt of such request and the
approximate date when such request will be granted or denied.
C.
Any person denied access to a record may appeal, within
30 days, in writing, such denial to the Town Board.
D.
The Town Board is hereby designated as the appeal agency
for determination of denials and will proceed as follow:
(1)
The Town Board shall, within 10 business days of the
receipt of an appeal, fully explain, in writing, to the person requesting
the record, the reason for further denial or the Town Board shall provide
access to the record sought.
The fees for copies of records shall not exceed the fees established
by the State of New York or the actual cost of reproduction of any other record,
unless otherwise prescribed by statute.