NYCRR TITLE 8 - EDUCATION

§185.2 Designation and responsibilities of records management officers

(a) Initial designation of records management officer.

(1) Each local government, except towns, villages, fire districts, shall, in writing, designate one local officer to be records management officer.

(2) The governing body of each local government, except towns, villages, fire districts, shall notify the commissioner, in writing, of the name, title or position in the local government, mailing address and telephone number of the designated records management officer within one month of such designation.

(3) Each local government established, or notified by the commissioner that it constitutes a "local government" (as defined in Section 57.17, Arts and Cultural Affairs Law) after April 30, 1989 shall designate a local officer as records management officer within 60 days of its establishment, or after the commissioner's notification. The governing body of each local government established, or notified by the commissioner that it constitutes a "local government," after April 30, 1989 shall notify the commissioner in writing, of the name, title or position in the local government, mailing address and telephone number of the designated records management officer within one month of such designation or notification.

(4) Municipal housing authorities and the Utica Transportation Authority, the disposition and reproduction of whose records are subject to Sections 59 and 60 of the Public Housing Law and sections 68 and 69 of the Transportation Law respectively, shall not be required to designate a records management officer pursuant to this section.

(5) Bronx. Kings, New York, Queens and Richmond Counties shall not be required to designate a records management officer pursuant to this section.

(6) Community school districts located in New York City shall not be required to designate a records management officer pursuant to this section.

(7) The governing body of each town, village or fire district, shall notify the commissioner, in writing, of the name, mailing address and telephone number of the town clerk, village clerk or fire district secretary, respectively, within one month of that person's taking office.

(b) Vacancy in the position of records management officer.

(1) Whenever a vacancy shall occur in the position of records management officer, a replacement shall be designated within sixty days.

(2) Within one month of such designation, the governing body of each local government shall notify the Commissioner of Education, in writing, of the records management officer's name, title or position in the local government, mailing address and telephone number.

(c) Duties of the records management officer. The records management officer shall initiate, coordinate and promote the systematic management of the local government's records in consultation and cooperation with other local officers. Duties of the records management officer shall include, but need not be limited to the following:

(1) Recommending and guiding the development and application of records management practices for local government employees;

(2) Coordinating the continuous disposition of obsolete records in accordance with legal requirements through the adoption and use of records retention and disposition schedules;

(3) Recommending to the commissioner suitable retention periods for any records not covered by records retention and disposition schedules;

(4) Coordinating the storage and management of inactive records, those no longer needed for the conduct of the day to day business of the local government;

(5) Reviewing and making recommendations on requests for records storage equipment;

(6) Participating in the development of, reviewing proposals for, or coordinating any micrographics or automated data processing systems;

(7) Organizing or coordinating a program for the identification, administration and use of records of enduring value.

Section statutory authority: Public Housing Law, § 59, § 60; Transportation Law, § 68, § 69; Arts and Cultural Affairs Law, § 57.17

Statutory authority: Education Law, § 207; Arts and Cultural Affairs Law, §§ 57.17, 57.19, 57.21, 57.23, 57.25, 57.29 57.33, 57.35; L. 1987 ch. 737

Last reviewed: March 15, 2010

Last Updated: March 17, 2010 -- asm