[HISTORY: Adopted by the Town Board of the Town of Fishkill 5-18-1992 by L.L. No. 5-1992. Amendments noted where applicable.]
Access to public records — See Ch. 34.
There shall be a Records Management Program established under the aegis of the Town Board 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 Town of Fishkill in accordance with local, state and federal laws and guidelines.
The Records Management 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 Town of Fishkill.
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, as follows:
Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition;
Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention; or
Records not subject to disposition according to state law.
The Records Management Officer shall make other departments in the Town of Fishkill aware of the Records Management Program. He/she shall also make them aware of good records management in accordance with local, state and federal laws and guidelines.
The Records Management Officer shall 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.
The Records Management Officer shall operate a Records Management Center for the storage, processing and servicing of all noncurrent and archival records for all Town of Fishkill departments and agencies.
The Records Management Officer shall establish a Town of Fishkill archival and inactive records vault and perform the following functions:
Advise and assist the Town of Fishkill departments in reviewing and selecting material to be transferred to the Town of Fishkill vault.
Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing, preserving the privacy and servicing of archival and inactive materials. Only the registrar, deputy registrar or an employee of the registrar is permitted access to the vital records because of their confidentiality.
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival and inactive records.
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board.
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
Provide information services to other Town of Fishkill offices.
There shall be a Records Advisory Board designated to work closely with and provide advice to the Records Management Officer.
The Records Advisory Board shall consist of no fewer than three and no more than seven members.
The Records Advisory Board shall meet periodically and have the following duties:
Provide advice to the Records Management Officer on the development of the Records Management Program.
Review the performance of the program on an ongoing basis and propose changes and improvements.
Review retention periods proposed by the Records Management Officer for records not covered by state archive schedules.
Provide advice on the appraisal of records for archival value.
All Town of Fishkill departments are the legal custodians of their inactive and archival records and shall retain custody of their records deposited in the records vault. However, an orderly procedure shall be established for their access to said records.
The Town Board 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 Town of Fishkill 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 chapter, the following terms shall have the meanings indicated:
- 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 of Fishkill business.
- A. The removal by the Town of Fishkill, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal which may include:
- B. The transfer of records from one Town of Fishkill agency to any other Town of Fishkill agency.
- 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.
- RECORDS VAULT
- An establishment maintained by the Town of Fishkill 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.
- Making information in records available to any Town of Fishkill agency for official use or to the public.
This chapter shall take effect immediately upon its filing with the Secretary of State, State of New York, pursuant to § 27 of the Municipal Home Rule Law.