[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville: Art. I, 1-22-1996 as L.L. No. 1-1996. Amendments noted where
applicable.]
[Adopted 1-22-1996 as L.L.
No. 1-1996]
There shall be a records management program established under the aegis
of the Village Clerk and headed by a records management officer (RMO). The
officer will be responsible for administering the noncurrent and archival
public records and storage areas for the Incorporated Village of Bayville
in accordance with local, state and federal laws and guidelines.
The 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 Incorporated Village of Bayville.
A.
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:
(1)
Obsolete and unnecessary records according to New York
State Records Retention and Disposition Schedules thereby subject to disposition;
(2)
Information containing administrative, legal, fiscal,
research, historical or educational value which warrant their permanent retention;
or
(3)
Records not subject to disposition according to state
law.
B.
The officer shall establish guidelines for proper records
management in any department or agency of the Incorporated Village of Bayville
in accordance with local, state and federal laws and guidelines.
C.
The officer shall report annually to the chief executive
official and the governing body on the powers and duties herein mentioned
including, but not limited to, the cost/benefit ratio of programs effectuated
by the department.
D.
The officer shall operate a records management center
for the storage, processing and servicing of all noncurrent and archival records
for all Incorporated Village of Bayville departments and agencies.
E.
The officer shall establish Incorporated Village of Bayville
archives and perform the following functions:
(1)
Advise and assist Incorporated Village of Bayville departments
in reviewing and selecting material to be transferred to the Incorporated
Village of Bayville archives for 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 or state statutes.
(6)
Provide information services to other Incorporated Village
of Bayville offices.
(7)
Collect archival materials which are not official Incorporated
Village of Bayville records but which have associational value to the Incorporated
Village of Bayville 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.
(8)
Develop a procedure whereby historically important records
are to be identified at the point of generation.
A.
There shall be a Records Advisory Board designated to
work closely with and provide advice to the records management officer.
C.
The Board shall meet periodically and have the following
duties:
(1)
Provide advice to the records management officer on the
development of the records management program.
(2)
Review the performance of the program on an ongoing basis
and propose changes and improvements.
(3)
Review retention periods proposed by the records management
officer for records not covered by state archives' schedules.
(4)
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.
An Incorporated Village of Bayville 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.
B.
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 and the approval of the Records Advisory
Board.
C.
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,
subject to the approval of the Records Advisory Board.
The Legal Department 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 Incorporated Village of Bayville 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:
- ARCHIVES
- Those official records which have been determined by the officer and Records Advisory Board to have sufficient historical or other value to warrant their continued preservation by the local government.
- RECORDS
- Any documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form or characteristic, made or received pursuant to law or ordinance or in connection with the transaction of official Incorporated Village of Bayville business.
- RECORDS CENTER
- An establishment maintained by the Incorporated Village of Bayville primarily for the storage, servicing, security and processing of record which must be preserved for varying periods of time and need not be retained in office equipment or space.
- A. The removal by the Incorporated Village of Bayville, 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 disposal of temporary records by destruction or donation; or
- C. The transfer of records to the record center/archives for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
- D. The transfer of records from one Incorporated Village of Bayville agency to any other Incorporated Village of Bayville agency.
- 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.
- SERVICING
- Making information in records available to any Incorporated Village of Bayville agency for official use or to the public.
This Article shall take effect immediately upon adoption.
