[Adopted 7-12-1993 by L.L. No. 1-1993]
It is the intent of this article to initiate,
coordinate and promote a systematic records management program from
establishment to final disposition of records for the proper documentation
of the historical development of Town government, the community and
the people of the Town of Bethel. This article is intended to implement
the Local Government Records Law, as the same may be modified or amended,
and found in Article 57-A of the Arts and Cultural Affairs Law, together
with the Regulations of the Commissioner of Education (Part 185, 8
NYCRR) promulgated pursuant thereto.
There shall be a records management program established under the direction of the Town Clerk of the Town of Bethel, designated as the records management officer (RMO). The RMO will be responsible for administering the noncurrent and archival public records and storage areas for the Town of Bethel in accordance with local, state and federal laws and guidelines. The RMO may appoint a designee to carry out the specific duties as outlined in §
62-3.
The RMO 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 Town of Bethel. The RMO shall:
A. 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) Disposition of records subject to New York State Records
Retention and Disposition Schedules;
(2) Information containing value which warrants its permanent
retention; or
(3) Records not subject to disposition according to state
law.
B. Establish guidelines for proper records management
in all departments of the Town of Bethel in accordance with local,
state and federal laws and guidelines.
C. Report annually to the Town of Bethel Town Board on
the operation and maintenance of the records management program.
D. Maintain and operate a records management center for
all noncurrent and archival records for all Town of Bethel departments.
E. Establish Town of Bethel archives and perform the
following functions:
(1) Advise and assist all departments in reviewing and
selecting material for preservation.
(2) Continually review records for suitable methods to
be used for maintaining and servicing of archival materials.
(3) Establish and maintain an adequate records management
center.
(4) Promulgate rules governing public access to and use
of records in the archives.
(5) Collect archival materials which are not official
Town records but which have associational value to the Town or a close
relationship to the existing archival collection.
(6) Develop a confidentiality policy for archival records
designated confidential, provided that it does not conflict with state
and federal laws.
(7) Develop a procedure whereby historically important
records are to be identified at the point of generation.
(8) Provide information services to other Town of Bethel
offices.
The Town may take steps through legal action
to recover any local government records which have been removed from
proper custody and may, when necessary, institute actions of replevin.
As used in this article, the following terms
shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the
RMO to have sufficient historical or other value to warrant their
continued preservation by the Town.
RECORDS
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 Town business.
RECORDS CENTER
An establishment maintained by the Town 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.
RECORDS DISPOSITION
The removal by the Town, in accordance with approved records
control schedules, of records no longer necessary for the conduct
of business by such Town through removal methods which may include:
A.
The disposal of temporary records by destruction.
B.
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.
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 Town agency
for official use or to the public.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Records shall be available for public inspection
and copying at the office of the Town Clerk, 3454 Route 55, White
Lake, NY 12786.
Requests for public access to records shall
be accepted and records produced during all hours that the Clerk's
office is regularly open for business.
A notice containing the title or name and business
address of the records access officer and appeals body and the location
where records can be seen or copied shall be posted in a conspicuous
location wherever records are kept and/or published in a local newspaper
of general circulation.