[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 114.
[Adopted 10-7-1974]
This Village Board hereby promulgates this set
of rules in accordance with Chapter 578 of the Laws of 1974.[1]
[1]
Editor's Note: See Article 6 of the Public
Officers Law.
The Village Clerk is hereby designated as the
records access officer of the Village of Irvington.
Persons seeking public records shall make application
to the records access officer upon the application form supplied by
such officer, in the event such records are not readily available.
The records access officer is hereby directed
to make available to persons requesting records, those public records
which, by law, are required to be made available for public inspection
and copying. In the event the request for public records interferes
with the operation of the office of the Village Clerk and makes it
difficult for members of the public to receive the regular services
of the Village Clerk, the records access officer is hereby authorized
to establish hours during each day when he shall process requests
for records, including the times when such requests shall be made
in order to enable him to find the records for review and copying.
The times so established by the records access officer shall be conspicuously
posted in the office of the Village Clerk.
[Amended 8-18-2003 by L.L. No. 20-2003]
The records access officer is authorized to
copy any records which are within the purview of the law and to charge
a fee for such services. The fee for copying such records shall be
as set from time to time by the Board of Trustees. No records shall
be reproduced until payment is first received.
No records shall be removed from the lawful
custody of any public office charged with the duty of maintaining
such records.
In the event that any requests cannot be met
because such records are being used for current working purposes,
the applicant shall be advised of such fact and every effort will
be made to arrange a specific time when such records will be available.
In the event that a question arises as to the
nature of the records in that public viewing of such records may result
in an unwarranted invasion of a citizen's personal privacy or may
result in a disclosure of material that must be confidential to promote
effective law enforcement or for any other reason which, in the opinion
of the records access officer, are valid to promote the public interest
while consistent with the new law, the records access officer shall
confer with the Village Attorney before determining if such records
shall be made available for inspection.
In the event that any person is denied access
to any public records in violation of the law, such person shall advise
the Village Board of such denial, in writing, and set forth the records
requested, the reason for denial and the fact that the fees for such
records were, in fact, tendered.
These regulations shall be temporary and considered
as such until the state guidelines are promulgated and until more
comprehensive regulations can be prepared.
The purpose of these regulations shall be to
maintain the spirit of the law and to recognize that the concept of
open records is consistent with the purpose of this Board's resolution.
[Adopted 7-21-2003 by L.L. No. 16-2003]
There shall be a records management program
established under the auspices of the Records Management Officer.
The Officer will be responsible for administering the noncurrent and
archival public records and storage areas for the Village 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 officers
and departments of the Village of Irvington. The Records Management
Officer shall:
A.
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:
(1)
Identify obsolete and unnecessary records according
to New York State Archives Records Retention and Disposition Schedules
(MU-1) thereby subject to disposition.
(2)
Identify information containing administrative, legal,
fiscal, research, historical or educational value which warrant their
permanent retention.
(3)
Retain records not subject to disposition according
to state law.
B.
Establish guidelines for proper records management
in any department or agency of Village government in accordance with
local, state, and federal laws and guidelines.
C.
Oversee all requests for records storage equipment,
microfilm equipment, etc., and coordinate and participate in planning
for the expansion of micrographics and automated data processing systems.
D.
Establish inactive records storage areas for the storage,
processing and servicing of all noncurrent and archival records for
all Village departments and agencies.
E.
Perform the following functions:
(1)
Advise and assist Village departments in reviewing
and selecting records to be transferred to the inactive records storage
area for storage and/or 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.
(5)
Develop a confidentiality policy for archival records
designated confidential, providing such policy does not conflict with
any federal or state statutes.
(6)
Provide information services to other Village offices.
(7)
Develop a procedure whereby historically important
records are to be identified at the point of generation.
(8)
Collect archival materials which are not official
Village records but which have associated value to the Village 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 Village archives.
A.
The Records Management Officer shall maintain physical
custody and official responsibility of all records in his/her possession.
Department heads shall retain constructive control and authority over
all department records, regardless of their physical location.
A.
The Village Attorney may take steps to recover local
government records which have been alienated from proper custody,
and may, when necessary, institute actions of replevin.
A.
No records shall be destroyed or otherwise disposed
of by a department of the Village unless a records disposal form has
been executed. Records will not be destroyed if they are required
for any pending audit, litigation or other investigation.
A.
ARCHIVES
INACTIVE RECORDS STORAGE AREA
RECORDS
RECORDS DISPOSITION
RECORDS MANAGEMENT
SERVICING
As used in this article, the following terms shall
have the meanings indicated:
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 Village.
An establishment maintained by the Village 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 active office space and equipment.
Any documents, books, papers, photographs, sound recordings,
microfilm, 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 Village business.
The planning, controlling, directing, organizing, training,
promotion and other managerial activities involved in records maintenance,
use and disposition, including records preservation, disposal, records
centers or other storage facilities.
Making information in records available to any Village department
for official use or to the public.
