§ 2-8. Disposition of records.

A. 

There comes a time when certain public records no longer have continuing administrative, legal, fiscal or historical value. The storage of such records beyond their authorized retention period in high-cost office space and filing equipment defeats one of the major objectives of an effective records management program. Section 63.10 of the Local Finance Law and Article XXIV of the State Comptroller's Regulations cover the cancellation and destruction of paid obligations. These include paid Town bonds, coupons and notes. This matter is under the jurisdiction of the State Comptroller, who issues periodic regulations concerning the disposition of such fiscal records. Section 65-b of the Public Officers Law covers the disposition of all other Town records. This section provides that any public officer may destroy, sell or otherwise dispose of any or all records kept by him, provided that he advises the Commissioner of Education of the record, certifying that such record no longer has sufficient administrative, fiscal or legal value to warrant its continued retention and that the disposition has been authorized by resolution of the Town Board and receives the consent of the Commissioner of Education for such disposition. The Office of State History has established a legal minimum retention period for Town records, and these have been described on local records disposition request lists.

B. 

When a department head determines to seek consent to dispose of records in his custody, he shall so advise the Town Clerk, describing the records and indicating their age. The Town Clerk shall:

(1) 

Review the department head's request for disposition and, if valid, check such records, along with any request of the Town Clerk for disposition of his own records, on two copies of the disposition request lists, and sign the lists.

(2) 

Obtain a resolution from the Town Board authorizing him to dispose of the record items on the request list being used.

(3) 

Forward one certified copy of the Town Board resolution, together with two completed copies of the request list, to the Office of State History.

(4) 

Receive the consent of the Commissioner of Education to the destruction, sale or other disposition of such records. Consent is not granted by the Commissioner of Education on a continuing basis, and each time it is desired to dispose of more recent records another application for consent must be made.

(5) 

Dispose of the records in his custody as officially prescribed and/or advise department heads of such authorization for their action.