[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 7-5-1989 by L.L. No.
2-1989 (Ch. 32 of the 1972 Code). Amendments noted
where applicable.]
As used in this chapter, 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 local government.[1]
Any documents, books, papers, photographs, sound recordings,
microforms, electronic data or any other materials, regardless of
physical form or characteristics, made or received pursuant to law
or in connection with the transaction of official Village of Malverne
business.[2]
An establishment maintained by the Village of Malverne 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.
The removal from the Village of Malverne, in accordance with
the 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 Village of Malverne agency
to any other Village of Malverne agency.
The planning, controlling, directing, 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 Village of
Malverne agency for official use or to the public.
There shall be a records management program established under
the aegis of the Incorporated Village of Malverne 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 Village of Malverne in accordance with local, state
and federal laws and guidelines. The Village Clerk shall serve ex
officio as the records management officer.
A.Â
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 Village of Malverne.
B.Â
The records management officer shall:
(1)Â
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:
(a)Â
Obsolete and unnecessary records according to New York State
Records Retention and Disposition Schedules thereby subject to disposition;
(b)Â
Information containing administrative, legal, fiscal, research,
historical or educational value which warrant their permanent retention;
or
(c)Â
Records not subject to disposition according to state law.
(2)Â
Establish guidelines for proper records management in any department
or agency of the Village of Malverne in accordance with local, state
and federal laws and guidelines.
(3)Â
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.
(4)Â
Operate a records management center for the storage, processing and
servicing of all noncurrent and archival records of all Village of
Malverne departments and agencies.
(5)Â
Establish a Village of Malverne archives and perform the following
functions:
(a)Â
Advise and assist Village of Malverne departments in reviewing
and selecting material to be transferred to the Village of Malverne
archives for preservation.
(b)Â
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.
(c)Â
Establish and maintain an adequate repository for the proper
storage, conservation, processing and servicing of archival records.
(d)Â
Promulgate rules governing public access to and use of records
in the archives, subject to the approval of the Records Advisory Board.
(e)Â
Develop a confidentiality policy for archival records designated
confidential, provided such policy does not conflict with any federal
or state statutes.
(f)Â
Provide information services to other Village of Malverne offices.
(g)Â
Collect archival materials which are not official Village of
Malverne records but which have associational value to the Village
of Malverne 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.
(h)Â
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 three ex-officio members: the Mayor, Village Clerk
and Village Historian. The Board shall meet periodically and have
the following duties:
A.Â
Provide advice to the records management officer on the development
of the records management program.
B.Â
Review the performance of the program on an ongoing basis and propose
changes and improvements.
C.Â
Review retention periods proposed by the records management office
for records not covered by State Archives schedules.
D.Â
Provide advice on the appraisal of records for archival value and
be the final sign-off entity as to what is or is not archival.
A.Â
A Village of Malverne department is the legal custodian of its records
and shall retain custody of records deposited in the records center.
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.
B.Â
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.
C.Â
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 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.
No records shall be destroyed or otherwise disposed of by a
department of the Village of Malverne 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.