[Adopted 3-9-1989 by L.L. No. 1-1989
(Ch. 115 of the 1987 Code)]
A.
There shall be a records management program established
under the aegis of the City Council 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 City of Lackawanna in accordance
with local, state and federal laws and guidelines.
B.
City Clerk. The City Clerk or his/her designee shall
be responsible for the records management program established by this article
and subsequent amendments thereto.
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 City of Lackawanna.
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;
or
(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.
Establish guidelines for proper records management in
any department or agency of the City of Lackawanna in accordance with local,
state and federal laws and guidelines.
C.
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 City of Lackawanna departments and agencies.
E.
The officer shall establish a City of Lackawanna Archives
and perform the following functions:
(1)
Advise and assist the City of Lackawanna Departments
in reviewing and selecting material to be transferred to the City of Lackawanna
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 confidentiality policy for archival records designated
confidential, providing such policy does not conflict with any federal or
state statutes.
(6)
Provide information services to other City of Lackawanna
offices.
(7)
Collect archival materials which are not official City
of Lackawanna records but which have associational value to the City of Lackawanna
or a close relationship to the existing archival collection. Such collecting
shall be subject to archive space, staff, 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.
[Amended 1-21-1997 by L.L. No. 2-1997]
A.
The Lackawanna City Council shall appoint a three-member Records
Advisory Board based on the recommendations by the City Clerk. The Records
Advisory Board shall be composed of City residents with the expertise in the
fields of archives programs, or records management programs, or related field.
The function of this Board shall be to advise and make suggestions to the
City Clerk or his/her designee on improvements to be made to the Lackawanna
Records Management Program. The Board shall meet at least twice a year and
more so if needed.
B.
One member of the Lackawanna City Council shall serve as an ex
officio member of the Records Advisory Board.
C.
The City Clerk or his/her designee shall be responsible for calling
all meetings of the Records Advisory Board, making progress reports concerning
the Records Management Program to the Records Advisory Board, and following
up on advice and/or suggestions offered by the Records Advisory Board.
A.
The City Clerk or his/her designee 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 City of Lackawanna 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 Advisory Committee 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 material, regardless of physical form or characteristics, made
or received pursuant to law or ordinance or in connection with the transaction
of official City of Lackawanna business.
An establishment maintained by the City of Lackawanna 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.
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 City of Lackawanna
department for official use or to the public.
