[Adopted 7-18-1983 by L.L. No. 2-1983 as
Ch. I, Art. II, Div. 24, of the 1983 Code]
[Amended 9-8-1988]
The Common Council of the City of Albany hereby
creates a Records Management Officer for the City of Albany, who shall
be responsible for administering the noncurrent and archival public
records of the City of Albany, in accordance with local, state and
federal laws and guidelines.
[Amended 9-8-1988]
A.
The Executive Director of the Albany County Records
Management Program shall be appointed by the Mayor to be the Records
Management Officer for the City of Albany.
B.
A vacancy in the position of Records Management Officer
shall be filled in accordance with Title 8 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, § 185.2(b).
[Amended 9-8-1988]
The Records Management Officer for the City
of Albany shall have all necessary powers to carry out the efficient
administration, determination of value, use, preservation, security,
storage and disposition of the noncurrent and archival public records
kept, made, filed or received by the offices and departments of the
City of Albany.
[Amended 9-8-1988]
A.
The Records Management Officer shall survey and examine
public records to determine whether the records may be classified
as obsolete and unnecessary records in accordance with the records
retention and disposition schedules adopted by the Commission of Education
and, thereby, subject to disposition; or containing information of
administrative, legal, fiscal, research, historical or educational
value which warrants their permanent retention; or records not subject
to disposition according to state law; and take all the necessary
actions to effectuate the functions of his office.
B.
The Records Management Officer shall initiate, coordinate
and promote the systematic management of the local government's records
in consultation and cooperation with records custodians and shall
have such other duties as specified in Title 8 of the Official Compilation
of Codes, Rules and Regulations of the State of New York and any other
applicable federal, state and local laws or regulations.
[Amended 9-8-1988]
The Records Management Officer shall acquire
and assume the official custody and responsibility of noncurrent and
archival public records.
[Amended 9-8-1988]
The Records Management Officer may survey and
appraise the public records of the offices and departments of the
City of Albany either upon request of a City office or department
or with the permission of the chief officer of said office or department,
after the Records Management Officer offers his services.
[Amended 9-8-1988]
The Records Management Officer, in his discretion,
shall determine whether public records have sufficient historical
value or other value to warrant their continued preservation by the
City of Albany. Upon the determination that it is an archival record,
the Records Management Officer shall take possession with the consent
of the heads of the City offices and departments. The Records Management
Officer shall take all the steps necessary to secure absolute title
which shall vest in the Albany City Records Collection the archival
collection for the City of Albany.
[Amended 9-8-1988]
The Records Management Officer shall be the
sole public officer in the City of Albany who may be designated in
the New York State Public Officer's Certification for Using Records
Retention and Disposition Schedules, thereby rendering the Records
Management Officer the only public officer who shall be authorized
to dispose of public records for the City of Albany after consultation
with the appropriate chief officers of the City offices and departments
generating said records.
[Amended 9-8-1988]
A.
It shall be the responsibility of every local officer
to maintain records to adequately document the transaction of public
business and the services and programs for which such officer is responsible;
to retain and have custody of such records for so long as the records
are needed for the conduct of the business of the office; to adequately
protect such records; to cooperate with the local government's Records
Management Officer on programs for the orderly and efficient management
of records, including identification and management of inactive records
and identification and presentation of records of enduring value;
to dispose of records in accordance with legal requirements; and to
pass on to his successors records needed for the continuing conduct
of business of the office.
B.
No local officer shall destroy, sell or otherwise
dispose of any public record without the consent of the Commissioner
of Education. The Commissioner of Education shall, after consultation
with other state agencies and with local government officers, determine
the minimum length of time that records need to be retained. Such
Commissioner is authorized to develop, adopt by regulation, issue
and distribute to local governments records retention and disposition
schedules establishing minimum legal retention periods. The issuance
of such schedules shall constitute formal consent by the Commissioner
of Education to the disposition of records that have been maintained
in excess of the retention periods set forth in the schedules. The
Common Council hereby adopts all records retention and disposition
schedules or lists as may, in part or in total, apply either now or
in the future. If any law specifically provides a retention period
longer than that established by the records retention and disposition
schedule established herein, the retention period established by such
law shall govern.
A.
If any part of this article 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
article or its application to any other person or circumstance.
B.
This article shall supersede all laws inconsistent
with it to the extent of such inconsistency, but in all other respects
shall be deemed supplemental to such laws.
This article shall become effective upon final
passage.
[Amended 9-8-1988]
In furtherance of and in accordance with the
express purpose, function, powers and duties heretofore conferred
upon the Records Management Officer for the City of Albany, the Common
Council deems it in the best interests of the City of Albany that
custody of some of its public records be vested in the Records Management
Officer to aid and assist in the management and preservation of the
same.
[Amended 9-8-1988]
A.
The Records Management Officer of the City of Albany
is hereby conveyed all of the right, title and interest in and to
the public records of programs and/or units of City government now
or in the future to become defunct. Said Records Management Officer
shall hold the same in the name of the Albany City Records Collection.
B.
The Records Management Officer of the City of Albany
is hereby conveyed all of the right, title and interest in and to
the public records in the physical custody of the Albany City Records
Library as of December 31, 1981. Said Records Management Officer shall
hold the same in the name of the Albany City Records Collection.
[Amended 9-8-1988]
The Records Management Officer of the City of
Albany shall administer, preserve, manage or destroy such records
in accordance with the provisions of this article and other applicable
federal and state laws and regulations relative thereto and other
accepted archival practice.
A.
If any part of this article 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
article or its application to any other person or circumstance.
B.
This article shall supersede all laws inconsistent
with it to the extent of such inconsistency, but in all other respects
shall be deemed supplemental to such laws.
This article shall become effective upon its
final passage.
