HomeMy WebLinkAboutLL 09 of 1993 Records Management P & P TOWN OF ITHACA
LOCAL LAW NO. 9 FOR THE YEAR 1993
A LOCAL LAW ESTABLISHING POLICIES AND PROCEDURES FOR RECORDS
MANAGEMENT WITHIN THE TOWN OF ITHACA
SECTION 1. RECORDS MANAGEMENT OFFICER AND PROGRAM
Pursuant to Article 57-A of the Arts and Cultural Affairs Law of the State of New York
there shall be a records management program established under the jurisdiction of the Ithaca
Town Clerk as Records Management Officer. The Town Clerk or designee is hereby given
responsibility and authority to assist departments, boards, and committees in the management of
current, non-current, and archival public records and record storage areas for the Town of Ithaca,
in accordance with local, state, and federal laws and guidelines.
SECTION II. POWERS AND DUTIES
The Records Management Officer shall assist in the efficient administration,determination
of value, use,preservation,storage and disposition of the current, non-current,and archival public
records kept, filed or received by the offices, departments, boards and committees of the Town
of Ithaca.
(A) The Records Management Officer shall assist departments, boards, and committees
in the continual survey and examination of public records for classification so as to determine
the most suitable methods to be used for the maintaining, storing, and servicing of:
(1) Obsolete and unnecessary records according to New York State Records
Retention and Disposition Schedules thereby subject to disposition; or
(2) Information containing administrative, legal, fiscal, research, historical or
educational value which warrant their permanent retention; or
(3) Records not subject to disposition according to State Law.
(B) Assist Town departments, boards, and committees in the establishment of guidelines
for proper records management in accordance with local, state, and federal laws and guidelines.
(C) Advise and assist Town departments, boards, and committees in reviewing and
selecting material to be preserved for archival storage.
(D) The Records Management Officer shall assist Town departments, boards, and
committees in the storage, processing, and servicing of all non-current and archival records for
all Town departments, boards, and committees.
(E) The Records Management Officer shall develop for use by all Town departments,
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boards, and committees a Records Management Procedures and Policies Manual outlining a
records management system.
(F) The Records Management Officer upon the development of the Records Management
Procedures and Policies Manual shall hold training sessions for all Town employees in its proper
usage.
The storage of non-current and archival records will remain with the applicable
responsible Town departments, boards, and committees until such time as the Town of Ithaca
Town Board establishes a Records Management Center for non-current records and/or an
Archival Records Center. Upon the establishment, these Centers will become available for the
storage, processing, and servicing of their respective records.
Upon establishment of a Records Management Center for non-current records and/or an
Archival Records Center, the Town Clerk will:
(1) Promulgate rules, subject to the approval of the Records Management
Advisory Board and the Town Board, governing public access to and use of records in
the archives, and governing storage, processing, and servicing of these records to the
public.
(2) Develop a confidentiality policy for archival records designated confidential,
providing such policy does not conflict with any Federal or State statutes.
The Records Management Officer is to be advised by Town Departments, Boards and
Committees of all records held or moved into a non-current and/or archival records storage area.
(G) Provide departments, boards, and committees with list of record series which should
be preserved by the Town as archival.
(H) The Records Management Officer shall report annually to the Town Board and the
members of the Records Management Advisory Board on the year's activities.
SECTION III. RECORDS MANAGEMENT ADVISORY BOARD
There shall be a Records Management Advisory Board to work closely with and provide
advice to the Records Management Officer.
(A) The Board will meet twice yearly to:
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(1) Provide advice to the Records Management Officer on the development of the
records management program;
(2) Review the performance of the program on an ongoing basis and propose
changes and improvements;
(3) Review retention periods proposed by the Records Management Officer for
records not covered by State Archives' schedules.
(4) Review the listing of record series identifying those which should be archival.
(5) Review any new Town record series and identify those which should be
archival.
(6) Provide advice on the preparation for storage and the storage of archival
records.
(B) The Records Management Advisory Board shall consist of: The Town Supervisor;
(1) Town Board Member (appointed by the Town Supervisor); Town Historian; Town Clerk
(Records Management Officer);Town Engineer;and the Administrative Assistant to the Planning,
Zoning, and Engineering Departments or other person providing administrative services to any
one of the above Departments as designated by the Town Supervisor.
SECTION IV. CUSTODY
The Records Management Officer shall provide each department and board with a
departmental retention and disposition schedule based on the Records Retention and Disposition
Schedule(s) adopted by the Town of Ithaca Town Board and other relevant state archives
schedules. The Records Management Officer will identify those record series which he/she
approves for disposition on a continual basis when so authorized by the Town Board and the
applicable Department Head or Board Chairperson. Any new record series or record series not
approved by the Records Management Officer for disposition on a continual basis requires
authorization by the Records Management Officer as well as the Town Board, the Department
Head, or Board Chairperson.
An authorization and disposition record listing provided by the Records Management
Officer must be completed,signed by the Department Head or Board Chairperson, and approved
by resolution of the Town Board at the next regular meeting of the Town Board. One copy of
this listing must be filed with the Records Management Officer upon disposition of any record.
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Department Heads and Board Chairpersons are responsible to see that confidential records
are properly disposed of by burning or shredding under the supervision of the Records
Management Officer.
SECTION VI. DEFINITIONS
(A) "Archives": those official records which have been determined by the Records
Management Officer or the Records Management Advisory Board or the Town Board to have
sufficient historical or other value to warrant their continued preservation by the Town of Ithaca.
(B) ' "Records": any documents, books, papers, photographs, sound recording,
microforms, or any other materials, regardless of physical form or characteristics, made,
produced, executed or received, pursuant to law or ordinance or in connection with the
transaction of official Town of Ithaca business. "Records" shall not be deemed to include library
materials, extra copies of documents created only for convenience, and stocks of publications.
*(C) "Records Management": the planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including, records preservation,
records disposal and records center or other storage facilities.
(D) "Records Disposition":
(1) The removal by the Town of Ithaca, 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:
(i) the disposal of temporary records by destruction or donation; or
(ii) the transfer of records to a Records Management Center for temporary
storage of inactive records and permanent storage of records determined to have
historical or other sufficient value warranting continued preservation; and
(2) The transfer of records from one Town of Ithaca department or board to any
other Town of Ithaca department or board.
(E) "Records Management Center": an establishment maintained 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.
r (F) "Servicing": making information in records available to an (local government) agency
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for official use or to the public.
SECTION VII. INVALIDITY OF ANY PORTION OF THIS STATUTE
In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
SECTION VIII. EFFECTIVE DATE
This local law shall take effect immediately upon its adaption.
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