[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.
B. 
The RMO may appoint a designee to carry out the specific duties listed in § 145-9.
As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
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]
RECORDS
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.
RECORDS CENTER
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.
RECORDS DISPOSITION
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:
A. 
The disposition of temporary records by destruction or donation.
B. 
The transfer of records to a central storage facility for records with scheduled retention periods.
C. 
The transfer of records from one Town agency to another Town agency.
D. 
The permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
RECORDS MANAGEMENT
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.
SERVICING
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]
[1]
Editor's Note: Former § 145-14, Public access to records, which immediately followed this section, was deleted 8-22-2006 by L.L. No. 3-2006. See now § 145-5 of this chapter.