Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans: Art. I, 5-7-1975; Art. II, 10-5-1994. Amendments noted where applicable.]
[Adopted 5-7-1975]

§ 155-1 Legislative intent.

Information accessible under the Freedom of Information Law[1] shall be made equally accessible to any person without regard to status or interest.
[1]
Editor's Note: See § 85 et seq. of the Public Officers Law.

§ 155-2 Designation of officers and location of records.

[Amended 12-15-1993 by L.L. No. 13-1993]
The Supervisor of the Town of Evans, 8787 Erie Road, Angola, New York 14006, phone number 549-5787, is designated as the fiscal officer; the Town Clerk of the Town of Evans, 8787 Erie Road, Angola, New York 14006, phone number 549-8787, is designated as the records access officer; and the Evans Town Hall, 8787 Erie Road, Angola, New York 14006, is the designated location where records shall be available for public inspection and copying during regular business hours.

§ 155-3 Fees.

[Amended 12-15-1993 by L.L. No. 13-1993]
A. 
The fee for the inspection of public records and search of public records shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees.
B. 
When a photocopy is requested by the requester, the fee shall be as set by resolution of the Town Board and as set forth in Chapter 106, Fees, and when a transcript is requested by the requester, the fee shall be as set by resolution of the Town Board and as set forth in Chapter 106, Fees.

§ 155-4 Posting.

The Town Clerk shall post this article on the Evans Town Hall bulletin board and forward a copy to all Town department heads.
[Adopted 10-5-1994]

§ 155-5 Designation of officer.

The Town Clerk is designated as Records Management Officer and shall be responsible for the records management program established by this article and subsequent amendments thereto. Said officer will be responsible for administering the noncurrent and archival public records for the Town of Evans in accordance with local, state and federal laws and guidelines. Said officer shall also be responsible for overseeing microfilming of Town records according to recognized standards and specifications.

§ 155-6 Powers and duties of officer.

A. 
The Town Clerk or a designee of the Town Clerk 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 Evans.
B. 
The Town Clerk or designee of the Town Clerk shall establish guidelines for proper records management in any department or agency of the Town government in accordance with local, state and federal laws and guidelines.
C. 
The Town Clerk or a designee of the Town Clerk shall report annually to the Town Board on the powers and duties herein mentioned, including but not limited to the cost/benefit ratio of programs implemented by the Town Clerk or designee.

§ 155-7 Records center.

The Town Clerk shall have at his/her disposal a storage room in the Town of Evans Town Hall dedicated specifically for the storage, processing and servicing of all noncurrent and archival records for all Town departments and agencies. The Town Clerk or designee shall operate the records center.

§ 155-8 Sole officer.

The Town Clerk or designee of the Town Clerk shall be the sole official designated in the Public Officer's Certification for Using Records Retention and Disposition Schedules or its successor and shall be the sole officer with authority over the disposition of Town records after receiving approval of the respective Town officer or department head who has custody of the records of his/her respective office or department.

§ 155-9 Records Advisory Board.

A. 
The Evans Town Board shall appointed a five-member Records Advisory Board based on recommendations by the Town Clerk. The Records Advisory Board shall be composed of the Town Clerk, as Records Management Officer; the Town Supervisor; the Town Accountant; the Town Attorney; and/or the Town Historian or member of the Historical Society.
B. 
The function of this Board shall be to advise and make suggestions to the Town Clerk or his/her designee on improvements to be made to the Evans Record Management Program. The Board shall meet at least twice a year and more so, if needed.
C. 
The Town 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.

§ 155-10 Construal; severability; inconsistent laws.

If any part of this resolution or its application to any persons or circumstances is adjudged by a court to be invalid or ineffectual, such judgment shall not affect the remainder of the resolution or its application to any other person or circumstance. This resolution shall supersede all prior resolutions inconsistent with it to the extent of such inconsistency, but in all other respects shall be deemed supplemental to such resolutions.

§ 155-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the Records Management Officer 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 of Evans 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.
A. 
The removal by the town, 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:
(1) 
The disposal of temporary records by destruction or donation.
(2) 
The transfer of records of the records center for temporary storage of archival records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
B. 
The transfer of records from one Town agency to any other Town agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records creation, records maintenance and use and records disposition, including records preservation, records disposal and records centers or other storage facilities.
SERVICING
Making information in records available to any county agency for official use or to the public.