[HISTORY: Adopted by the Town Board of the Town of Evans: Art. I, 5-7-1975;
Art. II, 10-5-1994. Amendments noted where applicable.]
[Adopted 5-7-1975]
Information accessible under the Freedom of Information Law[1] shall be made equally accessible to any person without regard
to status or interest.
[1]
Editor's Note: See § 85 et seq. of the Public Officers
Law.
[Amended 12-15-1993 by L.L. No. 13-1993]
The Supervisor of the Town of Evans, 8787 Erie Road, Angola, New York
14006, phone number 549-5787, is designated as the fiscal officer; the Town
Clerk of the Town of Evans, 8787 Erie Road, Angola, New York 14006, phone
number 549-8787, is designated as the records access officer; and the Evans
Town Hall, 8787 Erie Road, Angola, New York 14006, is the designated location
where records shall be available for public inspection and copying during
regular business hours.
[Amended 12-15-1993 by L.L. No. 13-1993]
The Town Clerk shall post this article on the Evans Town Hall bulletin
board and forward a copy to all Town department heads.
[Adopted 10-5-1994]
The Town Clerk is designated as Records Management Officer and shall
be responsible for the records management program established by this article
and subsequent amendments thereto. Said officer will be responsible for administering
the noncurrent and archival public records for the Town of Evans in accordance
with local, state and federal laws and guidelines. Said officer
shall also be responsible for overseeing microfilming of Town records according
to recognized standards and specifications.
A.
The Town Clerk or a designee of the Town Clerk 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 Evans.
B.
The Town Clerk or designee of the Town Clerk shall establish
guidelines for proper records management in any department or agency of the
Town government in accordance with local, state and federal laws and guidelines.
C.
The Town Clerk or a designee of the Town Clerk shall
report annually to the Town Board on the powers and duties herein mentioned,
including but not limited to the cost/benefit ratio of programs implemented
by the Town Clerk or designee.
The Town Clerk shall have at his/her disposal a storage room in the
Town of Evans Town Hall dedicated specifically for the storage, processing
and servicing of all noncurrent and archival records for all Town departments
and agencies. The Town Clerk or designee shall operate the records center.
The Town Clerk or designee of the Town Clerk shall be the sole official
designated in the Public Officer's Certification for Using Records Retention
and Disposition Schedules or its successor and shall be the sole officer with
authority over the disposition of Town records after receiving approval of
the respective Town officer or department head who has custody of the records
of his/her respective office or department.
A.
The Evans Town Board shall appointed a five-member Records
Advisory Board based on recommendations by the Town Clerk. The Records Advisory
Board shall be composed of the Town Clerk, as Records Management Officer;
the Town Supervisor; the Town Accountant; the Town Attorney; and/or the Town
Historian or member of the Historical Society.
B.
The function of this Board shall be to advise and make
suggestions to the Town Clerk or his/her designee on improvements to be made
to the Evans Record Management Program. The Board shall meet at least twice
a year and more so, if needed.
C.
The Town Clerk or his/her designee shall be responsible
for calling all meetings of the Records Advisory Board, making progress reports
concerning the Records Management Program to the Records Advisory Board, and
following up on advice and/or suggestions offered by the Records Advisory
Board.
If any part of this resolution 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 resolution or its application to any
other person or circumstance. This resolution shall supersede all prior resolutions
inconsistent with it to the extent of such inconsistency, but in all other
respects shall be deemed supplemental to such resolutions.
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 Town.
Any documents, books, papers, photographs, sound recordings, microforms
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.
An establishment maintained by the Town of Evans 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 planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in records creation, records maintenance
and use and records disposition, including records preservation, records disposal
and records centers or other storage facilities.
Making information in records available to any county agency for
official use or to the public.
