The city chamberlain shall keep all papers belonging to the
city. He shall act as clerk of the common council and attend all its
meetings. His office is hereby declared to be a town clerk's office
for the purpose of depositing and filing therein all books and papers
required by law to be filed in a town clerk's office, and he shall
possess all the powers and discharge all the duties of a town clerk,
except so far as the same shall be inconsistent with other provisions
of law. He shall keep an account of all moneys received by him belonging
to the city, and upon receipt thereof pay the same over to the commissioner
of finance and take a receipt from such commissioner and file the
same in his office.
The chamberlain and the commissioner of finance shall collect
and turn into the city treasury the fees allowed by law for any search
or copy of any paper or official record made and certified according
to law by such officers for any individual, and the corporation counsel
shall turn into the city treasury any costs collected in any action,
proceeding or appeal conducted by him for the city.
[L.L. No. 1996-5, § 1]
(a)
Records Management Officer:
The City Chamberlain shall act as the Records Management Officer
(RMO) for the City of Poughkeepsie, New York. The RMO shall be responsible
for the records management program established by this section and
subsequent amendments thereto. Said officer will be responsible for
administering the inactive and archival public records for Poughkeepsie
in accordance with local, state and federal laws and guidelines. Said
officer shall also be responsible for overseeing micrographics and
technology projects involving Poughkeepsie's records according to
quality control specifications and guidelines.
(b)
Powers and duties:
(1)
The City Chamberlain shall have the necessary powers to carry
out the efficient administration of records including policies/procedures
development, the determination of value, use, preservation, storage
and disposition of the inactive and archival public records kept,
filed, or received by the officers and departments of Poughkeepsie,
accordance with local, state and federal laws, regulations and official
policies/procedures.
(2)
The City Chamberlain shall, with each respective Department
Head, establish guidelines for proper records management in any department
or agency of Poughkeepsie in accordance with local, state, and federal
laws, regulations and official policies/procedures.
(3)
The City Chamberlain shall report annually to the Common Council
on the powers and duties herein mentioned including, but not limited
to, the cost/benefit ratio, efficiencies and administrative economies
of programs implemented by the City Chamberlain.
(c)
Records Center. The City Chamberlain will have at his/her disposal
adequate designated space dedicated specifically for the storage,
processing, and servicing inactive and archival records for all local
government departments and agencies. The records center will be administered
by the City Chamberlain.
(d)
Disposition:
(1)
The City Chamberlain shall be the sole officer with authority
over the disposition of local government records in consultation with
the respective local government Officer or Department Head who has
custody of the records of his/her respective officer or department,
and with the local Records Advisory Board, where one exists.
(2)
Records shall be transferred to the Poughkeepsie Archives upon
the recommendation of the RMO according to the policies/procedures,
with the approval of the head of the department which has legal custody
of the records and the approval of the Records Advisory Board. Records
of local government agencies now or in the future defunct, shall pass
to the legal custody of the Poughkeepsie Archives.
(e)
Replevin. The Poughkeepsie Corporation Counsel, in consultation with
the RMO, may take steps to recover local government records which
have been alienated from proper custody, and may, when necessary,
institute actions of replevin.
(f)
Records Advisory Board:
(1)
The Common Council shall appoint a Records Advisory Board of
six members based on recommendations by the City Chamberlain. The
Records Advisory Board shall be composed of the RMO, the local government's
counsel, the fiscal officer, an administrative officer, and the local
government's historian where one exists. One member of the Common
Council shall serve as an ex-official member of the Records Advisory
Board.
(2)
The function of the Records Advisory Board shall be to advise
and make suggestions to the City Chamberlain on future improvements
of the Poughkeepsie Records Management Program. The Board shall meet
at least twice a year.
(3)
The City Chamberlain shall call all meetings of the Records
Advisory Board, presenting progress reports of the program to the
Board, reviewing local government records management and archives
policies with the Records Advisory Board, and examining and discussing
recommendations offered by the Records Advisory Board.
(g)
If any part of this section, or its application to any persons or
circumstances, is adjudged by a court to be invalid or ineffectual,
such judgment shall not affect the remainder of the section or its
application to any other person or circumstance.