HomeMy WebLinkAboutRecords Retention LOCAL LAW NO. 15 - 1993
A Local Law Providing for the Creation
of a Records Management Program
BE IT ENACTED, by the Town Board of the Town of Southold, as follows:
The Code of the Town of Southold is hereby amended by adding a new Chapter
thereto, to be Chapter 72, to read as follows:
Chapter 72
-RECORDS MANAGEMENT
I. Section 72-1. Intent.
Records are essential to the administration of local government. They
contain the informat~ion that keeps government programs functioning. It is the
intent of this chapter that a records management program be established which
will assist officials in making decisions, administering programs and providing
administrative continuity with past operations. The program would be intended
to document delivery services, show the legal responsibilities of government
and protect the legal rights of citizens. It will contain information on taxation
and on the management and expenditure of funds. These records will also
document the historical document of government itself, the community and the
people of the town.
Section 72-2. Program established; designation of records management officer.
There shall be a records management program established under the aegis
of the Town Clerk and headed by a records management officer. The Town
Clerk is designated as the records management officer and will be responsible
for administering the current and archived public records in storage areas for
the town in accordance with local, state and federal laws and guidelines.
Section 72-3. Definitions.
As used in this chapter, the following terms shall have the meanings
indicated:
ARCHIVES Those official records which have been determined by the
officer and Advisory Committee to have sufficient historical or other value
to warrant the continued preservation by the town.
RECORDS Official files, minutes and documents, books, papers,
photographs, sound recordings, microforms or any other materials,
regardless of physical form or characteristics, made or received pursuant
to law or in conjunction with the transaction of official town business.
RECORDS CENTER An establishment maintained by the records
management officer for the storage, servicing, security and processing
of records which must be preserved for varying periods of time.
RECORDS DISPOSITION 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 throu§h removal methods, which
may include the disposition of temporary records by destruction or
donation, or the transfer of records to a central storage facility for
temporary or permanent storage of records determined to have historical
or other sufficient value warranting continued preservation, or the
transfer of records from one town agency to another town agency.
RECORDS MANAGEMENT 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 the records center
or other storage facilities.
SERVICING Making information in records available to any agency for
official use or to the public.
Section 72-4. Powers and duties of records management officer.
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 public records kept, filed or
received by the officers and departments of the town.
The records management officer shall continually survey and examine
public records to recommend their classification so as to determine
the most suitable method to be used for the maintaining, storing and
servicing of the following:
(1)
Obsolete and unnecessary records a~cording to the New York
State Retention and Disposition Schedules, thereby subject to
disposition;
(2)
Information containing administrative, legal,
historical or educational value which warrants
retention; or
fiscal, research,
their permanent
(3) Records not subject to disposition according to state law.
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Co
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The records management officer 'shall establish guidelines for proper
records management in any department of the town government in
accordance with local, state and federal laws and guidelines.
The records management officer shall operate a central records
management storage facility for storage, processing and servicing of
all town records for all town departments and agencies.
Additional requirements of the records management officer will include
but are not limited to:
( 1 ) The development of a comprehensive records management
prog ram.
(2) The conduct of an initial survey and analysis of all records.
(3) The encouragement and coordination of the continuous legal
destruction of obsolete records through the adoption and use
of the state archive record retention and distribution schedules.
(4)
The development and a Suitable retention period for records not
covered by the State Records Retention and Distribution
Schedules.
(5)
The assistance to each department for the establishment of a
records management system to support the overall town records
mana§ement program.
(6) The setting up and overseeing of a center for the storage of
inactive records.
(7)
Section 72.5.
The coordinating and carrying out or participating in the
planning for development of advanced records management
systems and equipment.
Records Advisory Board.
There shall be a Records Advisory Board designated to work closely with
and provide advice to the records management officer. The Board shall consist
of the Town Historian, a member of the Town Board selected by the
Supervisor, the Town Accountant and a department head.
meet periodically and have the following duties:
The Board shall
A. To provide advice to the records management officer on the
development of the records management program.
To review the performance of the program on ~n ongoing basis and
propose changes and improvements.
C. To review retention periods proposed by the records management
officer for records not covered by the state archive schedules.
To 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.
-3-
II.
Section .72.6. Custody and control of records.
The records management officer shall maintain physical custody and the
official responsibility for all records. Department heads shall retain
constructive control and authority over all department records.
Section 72.7. Disposition of records.
No records shall be destroyed or otherwise disposed of by a department
of the town unless approval has been obtained from the records management
officer. No records shall be destroyed or otherwise disposed of b,v the records
management officer without the express written consent of the department head
having authority.
This Local Law shall take effect upon its filing with the Secretary of State.
-4-
NYS DEPARTHENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231'0001
DATE: 8/13/93
Local Law Acknowledgment
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
PO BOX 1179
I__ SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
Southo,d
LOCAL LAWCS) NO. YEAR
15 thru 17 1993
JFILING DATE
8/I3/93
-I
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to Hie a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
XY~ Southold
Town
Local Law No ............ 1.5_ ...................... of the year 19_-9.3-__
Alocallaw In Relation to Records Mana~lement
($nsen Title)
Be it enacted by the ..................l__.o..w..n.__.B.!_.a.r.~ ..................................................... of the
~ ~r Southold ~
Town ...................................................................................... : ..... as follows:
I. The Code of the Tow~ of Southold is hereby amended by adding a new Chapter
thereto, to be Chapter 72, .to read as follows:
Section 72-1.
Intent.
Chapter 72
RECORDS MANAGEMENT
Records are essential to the administration of local government. They
contain the information that keeps government programs functioning. It is the
intent of this chal~ter that a records management program be established which
will assist officials in making decisions, administering programs and providing
administrative continuity with past operations; The program would be intended
to .document delivery services, show the legal responsibilities of government
and protect the legal' rights of citizens. It will contain information on taxation
and on the-management and expenditure of funds. These records will also
document the historical document of government itself, the community and the
people of the town.
Section 72-2. Program established; designation of records management officer.
There shall be a records manaclemeht program established under the aegis
of the Town Clerk and headed by-a records management officer. The Town
Clerk is designated as the records management officer and will be responsible
for administering the currertt and archived public records in storage areas for
the town in accordance with local, state and federal laws and guidelines.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/9t) (1)
Section 72-3.
Definitions.
As used in this chapter, the following terms sha~i:'have the meanings
indicated: : ........
ARCHIVES Those official records which have been determined by the
officer and Advisory Committee to have sufficient historical or other value
to warrant the continued preservation by the town ................
RECORDS - Official files, minutes and documents, books, papers,
photographs, sound recordings, microforms or any other materials,
regardless of physical form or characteristics, made or received pursuant
to law o~~ in conjunction with the transaction of official town business.
RECORDS CENTER An establishment maintained by the records
management officer for the storage, servicing, security and processing
of records which must be preserved for varying periods of time.
RECORDS DISPOSITION 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 the disposition of temporary records by destruction or
donation, or the transfer of records to a central storage facility for
~temporary or permanent storage of records determined to have historical
or other sufficient, value warranting contirtued preservation, or the
transfer of records from one town agency to ano~ther town agency.-~
RECORDS MANAGEMENT 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 the records center
or other sto~age faci.lities.
SERVICING - Making information in records available to any agency for
official use or to t.he public.
Section 72-4. Powers and duties of records management officer.
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 public records kept, filed or
received by the officers and departments of the town.
The records,management officer shall continually survey and examine
public records to recommend their classification so as to determine
the most suitable method to be used for the maintaining, storing and
servicing of the following:
(1)
Obsolete and unnecessa.ry records a~ccording to the New York
$'tate Retention and Disposition Schedules, thereby subject to
disposition;
(2)
Information containing .administrative, legal, fiscal, research,
historical or educational value which warrants their permanent
retention; or
(3) Records not subject to disposition according to state law.
Th'e records management officer shall establish guidelines for proper
records management in any department of the town government in
accordance with local, state and federal laws and guidelines.
The records management officer shall operate a central records
management storage facility for storage, processing and servicing of'
all town records for all town departments and agencies.
D. Additional requirements of the records management officer will inciude
but are not limited to:
(1) The development of a comprehensive records management
program.
(2) The conduct of an 'initial survey and analysi? of all records.
(~)
The encouragement and coordination o~ the continuous legal
destruction of Obsolete records through the adoption and use
of the state archive record retention and distribution schedules.
The development and a suitable retention period for records not
covered by the State Records Retention and Distribution
Schedules..
(5) The assistance to each department for the establishment of a
records management system to support the overall town records
management program.
(6) The setting up and overseeing, of a center for the storage of
inactive records.
(7) 'The coordinating and carrying out or
planning for development of advanced
systems arid equipment.
participating in the
records management
Section 72.5. Records Advisory Board.
Ther~ shall be.a Records Advisory .Board designated to work closely with
and provide advice to the records management officer. The Board shall consist
of the Town Historian, a member of the Town Board selected by the
Supervisor, the Town Accountant and a department head. The Board shall
meet periodically and have the following duties:
A. To ' provide advice to the records management officer on the
development of the records management program.
B. To review the performance of the program on -an ongoing basis and
propose changes and improvements.
C. To review retention periods proposed by the records management
officer for records not covered by the state archive schedules.
D. To .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.
Section 72.6:. Custody and control of records.
The records management officer shall maintain physical custody and the
official responsibility for all records. Department heads shall retain
constructive control and authority over all department records.
Section 72.7. Disposition of records.
No records shall be destroyed or otherwise disposed of by a department
of the town unless approval has been obtained from the records management
officer. No records shall be destroyed or otherwise disposed of by the records
management officer without the express written consent of the department head
having authority.
II. This Local Law shall take effect upon its filing with the Secretary of State.-
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1, (Final adoption by local legislative body only,)
I hereby certify that the local law annexed hereto, designated as local law No .......... .1.5_ ...... ,_ ................of 19-9--3---
of the (;~m~i~i~Town)(~gll~i~)~of .... $out--h-O-I--d ............................... ~ ........was duly passed by th~
.--T-o--w-~--B-O-a-~ ........................... o~ _~1~]~0., 19 _9__3_, in accordance with the applicable provisions of law.
[Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not. approved)(repassed after
(Name of l~egisLativ~ Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,-
(Elective Chief Exec~tive Off:ret*)
in accordance with the applicable provisions of law. ' '
3. (Final adoption by referendum.)
-~I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(To~vn)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
~Elective Chief Executive Offtcer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at t/~e (general)(special)(annual) election held on .................. .19---- , in
_a~cordance with the applicable provisions' of taw.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I h?reby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on ............ '- ..... 19 ...., and was (approved)(not approved)(repassed after
(Name ~f LegiMative Body)
disapproval) by the .................................................. on .................. 19 .... Such local taw was subject to
(Elective Chief Executive Ojj~cer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
'* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local la~v concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on .................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local taw annexed hereto, designated as local !aw No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the tOWns of said county considered as a unit
voting at said general election, became operative.
(If a. ny other authorized form of final adoption has been followed, please provide an' appropriate certification.)
I further certify that I have compared the preceding local taw with the original On file in this office and that the same'
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ...... 1 ..... , above.
Clerk of th~Co~nty legislative body, City, Town or Village ~k
or officer designated by local legislative body
JUDITH T. TERRY, TOWN CLERK
(Seal) Date: Auqust 11', 1993
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEVi YORK
com, rrzoF -SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct tex~ and that all proper proceedings
have been had or taken for the enactment of the local lav~ annexed hereto.
/
MATTHEW G. KIERNAN, ASSISTANT TOWN ATTORNEY
Title
Date:
Southold
,August 11. 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 10, 1993
4:32 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW PROVIDING FOR THE CREATION
OF A RECORDS MANAGEMENT PROGRAM".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: We'll move on to the second public hearing of the afternoon.
Councilman Penny will read the verification, and publication of such, a "Local Law
providing for the Creation of a Records Management Program", Town of $outhold.
COUNCILMAN PENNY: "Public Notice is hereby gien that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
27th day of July, 1993, a Local Law entitled, "A Local Law Providing for the
Creation of a Records Management Program". Notice is further given that the Town
Board of the Town of Southold will hold a pbulic hearing on the aforesaid Local
Law at the Southold Town Hall, Main Road, Southold, New York, on the 10th day
of August, 1993, at 4:32 P.M., at which time all interested persons will be heard.
This proposed "Local Law Providing for the Creation of a Records Management
Program" provides for the following:
The Code of the Town of Southold is hereby amended by addincj a new Chapter
72 to be known as Records Management.
1. Intent: Records are essential to the administration of local government.
They contain the information that keeps government programs functioning.
It is the intent of this chapter that a records management program be
established which will assist officials in makin9 decisions, administering
programs and providing administrative continuity with past operations.
The program would be intended to document delivery services, show the
legal responsibilities of government and protect the legal rights of citizens.
It will contain information on taxation and on ther0~nagament and expedi-
ture of funds. These records will also document the historical document
of government itself, the community and the people of the Town.
2. Records Manac~ement Officer: The Records Management Program is
established under the aegis of the Town Clerk. The Town Clerk is the
Records Management Officer and is responsible for administering the
current and archived public records in storage areas for the Town in
accordance with local, s~ate and federal laws and guidelines.
P§ 2 - LI_ Records Management Prog
The Records Management Officer determines the value, use, preserva-
tion, storage and disposition of public records kept, filed or received
by officers and departments of the town, and continually surveys and
examines public records to recommend their classification so as to deter-
mine the most suitable method of disposition.
3. Records Advisory Board: A Records Advisory Board will be designated
to work closely with the Records Management Officer, and shall consist
of the Town Historian, a member of the Town Board, Town Accountant,
and a department head.
4. Disposition of Records: No records shall be destroyed or otherwise
disposed of by a department of the Town unless approval has been
obtained from the Records Management Officer and no records shall be
destroyed or otherwise disposed of by the Records Management Officer
without the express written consent of the department head having
authority.
The text of this Local l_aw is somewhat lengthy. Copies are available in the Office
of the Town Clerk to any interested persons during business hours. Dated: July
27, 1993. Judith T. Terry, Southold Town Clerk." I have an affidavit from The
Traveler-Watchmant an affidavit of posting from the Town Clerk, and there is no
further communication.
SUEPRVISOR HARRIS: Thank you, Councilman. At this time, are there any mem-
bers of the audience, that would like to address this public hearing on this Local
Law? (No response.) If not, I'll declare this public hearing closed.
~- Jud'th T. T ry
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that there
has been presented ro the
Town Board of the Town of
Southold, Suffolk County,
New York, on the 27th dayof
July, 1993, a Local Law entitl-
ed, "A Local Law Providing
for the Creation of a Records
Management Program."
NOTICE IS FURTHER
GIVEN that the Town Board
of the Town of Southold will
hold a public hearing on the
aforesaid Local Law at the
Southold Town Hall, Main
Road, Southnid, New York,
on the 10th day of August,
1993, at 4'32 P.M., at which
time all interested persons will
be heard.
This proposed "Local Law
Providing for the Creation of
a Records Management Pro-
gram" provides for the
following:
The Code of the Town of
Southold is hereby amended
by adding a new Chapter 72'to
be known as Records
Management.
1. n~ ~coras are essent-
ial to t~i~'~dministration Of ID-
cai government. They contain
the information that keeps
government program rune*
tioning, it is the intent of this
chapter that a records
management program be
established which will assist
officials in making decisions,
administering programs and
providing administrative con-
tinuity with past operations.
The program would be intend-
ed to document delivery ser-
vices, show the legal respon-
sibilities of government and
protect the legai rights of
citizens. It will contain infor-
mation on taxation and onthe
management and expenditure
of funds. These records will
also document the historical
document of government
itself, the community and the
people of the Town.
2. Records Manasement
Offiee~. The Records Manage,
ment Program is established
under the aegis of the Town
Clerk. The Town Clerk is the
Records Management Officer
and is responsible for ad-
ministering the current and ar-
chived public records in
storage areas for the Town in
accordance with local, state
and federal laws and
guidelines.
The Records Management
Officer determines the value,
use, preservation, storage and
disposition of public records
kept, filed or received by of-
ficers and departments of the
town, and continually surveys
and enamine$ public records to
recommend their classification
so as to d~termine the most
suitable method of
disposition.
3..Rt~ord~ Adviso~ Board:
A Records-Advisory Bo~d
will be designated to work
closely with the Records
Management Officer, and
shall consist of the Town
Historian, a member of the
~ Board, Town Accoun-
tant, and a department head.
No records-shall be'destroyed
or otherwise disposed of by a
d~lmrtment of the Town unless
approval has been obtained
from the Records Manage-
ment Officer and no records
shall be destroyed or otherwise
disposed of by the Records
Management Officer without
the express written consent of
the department head having
authority.
The text of this Local Law
is somewhat lengthy. Copies
of this Local Law are available
in the Office of the Town
Clerk to any interested persons
during business hours.
D~ted: July 27, 1993
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-8/5/93(3)
COUNTY OF SUFFOLr-,
ss:
S'I'~A'I'E OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor, of~ THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffotk County;
and that the notice of which the annexed is a printed copy,
has been .pt*blishecl in saicl I_ong Island Traveler. Watchman
once each week for ................... ~L ..... weeks
successively, commencing on the ......................
Sworn to before me this ..................... day <~t~
Notary Public
B^RBARA ,q. SCHNEIDER
NOTARY PUELIC, Sla!e cf ~I?,': York
Qualified h* Sol,dR County