County of Dutchess
Local Law No. 3 of the Year 1986
 
A local law PROVIDING for the creation of a
RECORDS MANAGEMENT PROGRAM
in the County of Dutchess



 

County of Dutchess
Local Law No. 3 of the Year 1986
 
A local law PROVIDING for the creation of a RECORDS MANAGEMENT PROGRAM in the County of Dutchess
 
Be it enacted by the Legislature of the County of Dutchess as follows:
 
SECTION 1
Department Officer
There shall be a records management program established under the aegis of the Division of Central Services (Purchasing) and headed by a Records Management officer.  The officer will be responsible for administering the non-current and archival PUBLIC
records and storage areas for the County of Dutchess in accordance with local, state and federal laws and guidelines.
 
SECTION 2
Powers and Duties
The Officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, PRESERVATION, storage and disposition of the non-current and archival PUBLIC records kept, filed or received by the offices and departments of the County of Dutchess.
 
     (A)  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:
 
          (1)  Obsolete and unnecessary records according to the New York State Records Retention and Disposition Schedules thereby subject to disposition; or
 
          (2)  Information containing administrative, legal, RESEARCH, HISTORICAL, or EDUCATIONAL value which warrant their PERMANENT retention; or
 
          (3)  Records not subject to disposition according to STATE LAW.
 
     (B)  Establish guidelines for proper records management in any department or agency of County government in accordance with LOCAL, STATE and FEDERAL LAWS and GUIDELINES.
 
     (C)  Report annually to the County EXECUTIVE and LEGISLATURE on the powers and duties herein mentioned including, but not limited to, the cost/benefit ratio of programs effectuated by the department.
 
     (D)  The Officer shall operate a County Records Management Center for the storage, processing and SERVICING of ALL non-current and archival records for all County departments and agencies.
 
SECTION 3
****RECORDS ADVISORY BOARD****
There shall be a RECORDS ADVISORY BOARD designated to work closely with and provide advice to the Records Management Officer.
 
     (A)  The BOARD shall consist of the County CLERK, the County HISTORIAN,  a representative of the COUNTY LEGISLATURE selected by the CHAIRMAN of the LEGISLATURE, the Commissioner of COMPUTER INFORMATION SYSTEMS, the President of the County HISTORICAL SOCIETY, or his designee, the President of the Dutchess County MUNICIPAL HISTORIANS ASSOCIATION, or his designee, the President of the GENEALOGICAL SOCIETY, or his designee, and a DUTCHESS COUNTY ARCHIVIST to be selected by the County HISTORIAN.
 
    (B) The BOARD shall meet PERIODICALLY and have the following duties:
 
         (1)  Provide advice to the Records Management Officer on the development of the program on an ongoing basis and propose changes and improvements;
 
        (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 Office for records not covered by STATE ARCHIVES' SCHEDULES;
 
        (4)  Provide advice on the appraisal of records for archival value and to be the FINAL SIGN-OFF as to what is or is not archival.
 
SECTION 4
Custody
The Records Management Officer shall maintain physical custody and official responsibility of all records in his possession.  Department heads shall retain constructive control and authority over all department records.
 
SECTION 5
DISPOSAL OF RECORDS
NO records shall be destroyed or otherwise disposed of by a department of the County 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.
 
SECTION 6
DEFINITIONS
 
    (A)  "Archives" means those official records which have been determined by the Officer and Advisory Committee to have sufficient HISTORICAL or other value to warrant their continued PRESERVATION by the County.
 
    (B)  "Records" means 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 County business.
 
    (C)  "Records Management" means 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.
 
    (D) "Records Disposition" means:
 
        (1)  the removal by the County, 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:
 
            (a) the disposal of temporary records by destruction or donation; or
 
            (b) the transfer of records to the Division of Central Services for temporary storage of archival 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 County agency to any other County agency.
 
    (E) "Records Center" means an establishment maintained by the department PRIMARILY for 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.
 
****(F) "SERVICING"***** means MAKING INFORMATION IN RECORDS AVAILABLE TO any County Agency for official use or TO THE PUBLIC.
 
SECTION 7
This local Law shall take effect immediately upon adoption.
 
[Passed by the Dutchess County Legislature July 28, 1986 by the County Executive]
[Deemed Duly Adopted August 13, 1986 in accordance with the applicable provisions of LAW]
[Certified by Patricia J. DiGrandi, Clerk County Legislature August 21, 1986]
[County Seal]
[Certified by S. J. Wing, County Attorney as to correctness of text and proper proceedingS having been taken on August 21, 1986]
[According to my research this Law is in force and has not been amended to date - August 21, 2003 - Virginia A. Buechele]
 
 

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