[HISTORY: Adopted by the Town Board of the Town of Greenburgh 8-17-2005 by L.L. No. 2-2005. Amendments noted where applicable.]
This chapter shall be known as "A Local Law Providing for the Creation of a Records Management Program in the Town of Greenburgh."
The Town Board of the Town of Greenburgh hereby finds and declares that a Records Management Program is necessary to encourage and coordinate the systematic, cost-efficient creation, maintenance of, and accessibility to official Town records.
There shall be a records management program established under the aegis of the Records Management Officer. The Officer will be responsible for administering the noncurrent and archival public records and storage areas for the Town 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 Town of Greenburgh. 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:
Obsolete and unnecessary records according to New York State Archives Records Retention and Disposition Schedules (MU-1) 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.
Establish guidelines for proper records management in any department or agency of Town government in accordance with local, state, and federal laws and guidelines,
Report annually to the Board on the powers and duties herein mentioned, including but not limited to the cost-benefit ratio of programs effectuated by the program.
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.
Establish inactive records storage areas for the storage, processing and servicing of all noncurrent and archival records for all Town departments and agencies.
Perform the following functions with respect to the Town:
Advise and assist Town departments in reviewing and selecting records to be transferred to the inactive records storage area for storage and/or preservation.
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.
Establish and maintain an adequate repository for the proper storage, conservation, processing, and servicing of archival records.
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Committee.
Develop a confidentiality policy for archival records designated confidential, providing such policy does not conflict with any federal or state statutes.
Provide information services to other Town offices.
Develop a procedure whereby historically important records are to be identified at the point of generation.
Collect archival materials which are not official Town records but which have associated value to the Town 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 Town archives.
There shall be a Records Advisory Committee designated to work closely with and provide advice to the Records Management Officer. This Committee shall consist of representatives appointed by the Board. The Records Advisory Committee shall meet periodically and have the following powers and duties:
Provide advice to the Town 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 not covered by the State Archives Schedule MU-1 or retention period changes recommended by department heads.
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.
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.
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 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.
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 and Advisory Committee to have sufficient historical or other value to warrant their continued preservation by the Town.
- INACTIVE RECORDS STORAGE AREA
- An establishment maintained by the Town 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 Town business.
- A. The removal by the Town, 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:
- (1) The disposal of temporary records by destruction or donation; or
- (2) The transfer of records to the inactive records storage area for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and
- B. The transfer of records from one Town department to any other Town department.
- RECORDS MANAGEMENT
- 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 Town Department for official use or to the public.
Pursuant to New York Municipal Home Rule Law § 22, this chapter is intended to supersede any inconsistent provision of law,
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this chapter, or its application to the person or circumstance, directly involved in the controversy in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon adoption.