[HISTORY: Adopted by the Town Board of the Town of Warwick 3-24-1994
by L.L. No. 2-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Public access to records — See Ch. 38.
A.
This Town Board finds that public records are essential
to the administration of local government. Public records contain information
which allows government programs to function, provides officials with a basis
for making decisions and ensures continuity with past operations. Public records
document the legal responsibility of government, protect the rights of citizens
and provide citizens with a means of monitoring government programs and measuring
the performance of public officials.
B.
This Town Board hereby finds that it is the responsibility
of all government employees to contribute to the accomplishment of the following
program objectives:
(1)
Facilitate the creation of usable records containing
accurate and complete information.
(2)
Save tax dollars through efficient administration of
information resources.
(3)
Prevent the creation of unnecessary records.
(4)
Make recorded information available and readily accessible
when needed, thereby minimizing time spent searching for files and documents.
(5)
Ensure the systematic legal disposition of obsolete records.
(6)
Encourage the lasting survival of archival records, those
identified as having sufficient legal, administrative, fiscal or historical
value to warrant their permanent retention.
C.
To accomplish these objectives, it is necessary that
the Town of Warwick establish a Records Management Program as contemplated
by Article 57-A of the Arts and Cultural Affairs Law.
As used in this chapter, the following terms shall have the meanings
indicated:
Those official records which have been determined by the Officer
and the Advisory Committee to have sufficient historical or other value to
warrant their continued preservation by the Town of Warwick.
Any documents, books, papers, photographs, sound recordings, microfilms
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 Warwick business.
An area maintained by the Town of Warwick primarily for the storage,
servicing, security and processing of records which must be preserved for
varying periods of time and need to be retained in office equipment or space.
The removal by the Town of Warwick, 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:
The transfer of records from one Town of Warwick department to another
Town of Warwick department.
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 Town of Warwick department
for official use or to the public.
There shall be a records management program established under the aegis
of the Town Board of the Town of Warwick and headed by the Records Management
Officer (RMO). The Officer will be responsible for administering the noncurrent
and archival public records and storage areas for the Town of Warwick in accordance
with local, state and federal laws and guidelines.
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 Town of Warwick.
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;
(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.
The Officer shall establish guidelines for proper records
management in any department or office of the Town of Warwick in accordance
with local, state and federal laws and guidelines.
C.
The Officer shall report annually to the Supervisor and
the Town Board 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 records for all
Town of Warwick departments and offices, which records will be maintained
and disposed of according to all pertinent state schedules. The Records Management
Center will also contain a Town of Warwick Archives which will contain records
required to be permanently retained according to said schedules.
E.
The Officer shall perform the following functions with
respect to the Town of Warwick Archives. He shall:
(1)
Advise and assist Town of Warwick departments or offices
in reviewing and selecting material to be transferred to the Town of Warwick
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 a confidentiality policy for archival records
designated confidential, provided that such policy does not conflict with
any federal or state statutes.
(6)
Provide information services to other Town of Warwick
offices.
(7)
Collect archival materials which are not official Town
of Warwick records but which have associational value to the Town of Warwick
or a close relationship to the existing archival collection. Such collecting
shall be subject to archive space, staff and 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.
There shall be a Records Advisory Board designated to work closely with
and provide advice to the Records Management Officer. The Board shall consist
of five members, two shall be members of the Town Board, the Records Management
Officer/Town Clerk, the Town Attorney and the Town Historian. The Board shall
serve at the pleasure of the Town Board and shall meet periodically and have
the following duties. The Board shall:
A.
Provide advice to the Records Management Officer 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 retention periods proposed by the Records Management
Office for records not covered by State Archives schedules.
D.
Provide advice on the appraisal of records for archival
value and to be the final sign-off entity as to what is or is not archival.
A.
The Records Management Center is the depository of all
records deposited by each Town of Warwick department, which department shall
retain all legal possessory interest in the records until disposal.
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. 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.
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 Town Attorney 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 Warwick 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.