[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-22-1996 by 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:
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.
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.
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.
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:
The disposal of temporary records by destruction
or donation; or
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.
The transfer of records from one Incorporated
Village of Bayville agency to any other Incorporated Village of Bayville
agency.
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.
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.
[The current regulations are on file in the office of the Village
Clerk, where they may be examined during regular business hours.]
