[Adopted 11-28-1995 by L.L. No. 4-1995]
Records are essential to the administration
of local government. They contain the information that keeps government
programs functioning. It is the intent of this article that a records
management program be established which will assist officials in making
decisions, administering programs and 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. It will contain information on taxation
and on the management and expenditure of funds. These records will
also document the historical development of government itself, the
community and the people of the Town.
A.
There shall be a records management program established
under the aegis of the Town Clerk and headed by the records management
officer. The Town Clerk is designated the records management officer
(RMO) and will be responsible for administering the current and archival
public records in storage areas for the Town in accordance with local,
state and federal laws and guidelines.
As used in this article, the following terms
shall have the meanings indicated:
Those official records which have been determined by the
RMO or the designee and Advisory Board to have sufficient historical
or other value to warrant the continued preservation by the Town.
[Amended 8-22-2006 by L.L. No. 3-2006]
Official files, minutes and documents, books, papers, maps,
photographs, sound recordings, microforms or any other materials,
regardless of physical form or characteristics, made or received pursuant
to law or in conjunction with the transaction of official Town business.
A central storage area maintained by the RMO or the designee
for the storage, servicing, security and processing of records which
must be preserved for varying periods of time.
The removal by the Town of Sweden, in accordance with approved
records retention schedules, of records no longer necessary for the
conduct of business by such agency through removal methods which may
include:
The disposition of temporary records by destruction
or donation.
The transfer of records to a central storage
facility for records with scheduled retention periods.
The transfer of records from one Town agency
to another Town agency.
The permanent storage of records determined
to have historical or other sufficient value warranting continued
preservation.
The planning, controlling, directing, organizing, training,
promoting and other managerial activities involved in records creation,
records maintenance and records disposition, including records preservation,
records disposal and the records center or other storage facilities.
Making information in records available to any agency for
official use or to the public.
A.
The records management officer (RMO) or the designee
shall have all the necessary powers to carry out the efficient administration,
determination of value, use, preservation, storage and disposition
of the public records kept, filed or received by the officers and
departments of the Town.
B.
The records management officer or the designee shall
initiate, coordinate and promote the systematic management of the
Town of Sweden's records in consultation and cooperation with other
local officers. Duties of the RMO or designee shall include but need
not be limited to the following:
(1)
Recommending and guiding the development and application
of records management practices for local government employees.
(2)
Coordinating the continuous disposition of obsolete
records in accordance with legal requirements through the adoption
and use of State Education, Unified Court System and in-office records
retention and disposition schedules.
(3)
Recommending to the State Commissioner of Education
or the Unified Court System suitable retention periods for any records
not covered by records retention and disposition schedules. (Note:
The RMO must secure approval of such retention periods from the New
York State Commissioner of Education or the Unified Court System and
gain adoption from the Town Board of any proposed change before the
retention period takes effect.)
(4)
Coordinating the storage and management of inactive
records (those records no longer needed for the conduct of the day-to-day
operations of the Town of Sweden).
(5)
Reviewing and making recommendations on requests for
records storage equipment.
(6)
Participating in the development of proposals for
micrographic and geographic information systems.
(7)
Organizing or coordinating a program for the identification,
administration and use of records of enduring value.
C.
The records management officer or the designee shall
continually survey and examine public records to recommend their classification
to determine the most suitable methods to be used for the maintaining,
storing and servicing under the following guidelines:
(1)
Disposition: records deemed obsolete and unnecessary
according to the New York State Education Department's and the Unified
Court System's records retention and disposition schedules.
(2)
Archival retention: records containing administrative,
legal, fiscal, research, historical or educational value which warrants
their permanent retention.
(3)
Active retention: records not yet subject to disposition
according to state law.
D.
The records management officer or the designee shall
establish guidelines for proper records management in any department
of the Town government in accordance with local, state and federal
laws and guidelines.
E.
The records management officer or the designee shall
report annually to the governing body on the powers and duties herein
mentioned, including but not limited to the development and progress
of programs to date and planned activities for subsequent years.
F.
The records management officer or the designee shall
operate a records management center for the storage, processing and
servicing of all noncurrent and archival records for all Town departments
and agencies.
G.
The records management officer or the designee shall
establish Town archives and perform the following functions:
(1)
Advise and assist Town departments in reviewing and
selecting material to be transferred to the Town archives for preservation.
(2)
Continue to 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
materials.
(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.
There shall be a Records Advisory Board designated
to work closely with and provide advice to the records management
officer or the designee. The Board shall consist of five members,
suggested but not limited to the following areas: Town Historian,
Town Attorney, Councilperson, member of the community, department
head and a library representative. Appointments shall be made by the
Town Supervisor. The Board shall meet periodically and have the following
duties:
A.
Provide advice to the RMO or designee 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 any changes in retention periods proposed by
the RMO or designee for records not covered by the State Archives'
or Unified Court System's schedules.
D.
Provide advice on the appraisal of records for archival
value.
A.
Active records. The originating department has full
custody (legal and physical) over records still in active use.
B.
Inactive records. The originating department is the
legal custodian of its records and shall retain the power to retrieve
and use records deposited in inactive storage in the records center.
The RMO or designee will have physical custody of inactive records
and will determine the method and design of storage.
C.
Archival records. Records transferred to or acquired
by the archives shall be under the full custody (legal and physical)
of the archives, as directed by the RMO or designee, rather than the
department which created or held them immediately prior to being transferred
to the archives.
No records shall be destroyed or otherwise disposed
of by a department of the Town until it has met the time limit on
the State Archives' or Unified Court System's records retention and
disposition schedule. No records shall be destroyed or otherwise disposed
of by the RMO or designee without the express written consent of the
department head having authority. Following required consents and
prior to actual destruction, the RMO will allow the Town Historian
to review and/or remove any single document or sampling of documents
that are of historic value to the community.
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. ("Replevin"
is defined as the recovery by a person of goods claimed to be his,
on his promise to test the matter in court and give the goods up again
if defeated.)[1]
