New York Transmission Of Reports; Disposal Of Records; Destruction Of Other Materials.
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§ 1133. Transmission of reports; disposal of records; destruction of
other materials. a. The head of each agency shall transmit to the
municipal reference and research center at least four copies of each
report, document, study or publication of such agency immediately after
the same shall have been published or issued. The head of each agency
shall also transmit to the department of records and information
services or its successor agency, in electronic format, each report,
document, study and publication required by local law, executive order,
or mayoral directive to be published, issued, or transmitted to the
council or mayor, within ten business days of such publication, issuance
or transmittal to the council or mayor, which materials shall be made
available to the public on or through the department's website, or its
successor's website, within ten business days of such publication,
issuance or transmittal to the council or mayor. The agency shall
further transmit to the municipal reference and research center four
copies of each report, document, study or publication prepared by
consultants, or other independent contractors, as soon as such report or
study is released, and shall further transmit within ten business days
of release by the agency, in electronic format, to the department of
records and information services each such report, document, study or
publication. Such materials shall further be made available to the
public on or through the department's website, or its successor's
website, within ten business days of release by the agency. Where
practicable, each agency shall also transmit, in electronic format, to
the department of records and information services or its successor
agency any report, document, study and publication required to be
published by any state or federal law, rule or regulation within ten
business days of publication. Such materials shall further be made
available to the public on or through the department's website, or its
successor's website, within ten business days of such publication.
b. No records shall be destroyed or otherwise disposed of by an
agency, officer or employee of the city unless approval has been
obtained from the commissioner of records and information services, the
corporation counsel and the head of the agency which created or has
jurisdiction over the records who shall base their determinations on the
potential administrative, fiscal, legal, research or historical value of
the record. Approval for records disposal shall be contained in an
approved records disposal schedule and remain in force until the status
of the records changes. The commissioner of records and information
services or the head of the agency which created or has jurisdiction
over the records may initiate action to eliminate records eligible for
disposal. The commissioner of records and information services shall
insure the destruction of disposable records within six months of the
date of eligibility.
c. Records of historical, research, cultural or other important value
shall be transferred to the municipal archives for permanent custody
pursuant to a records disposition schedule approved by the commissioner
of records and information services and, if applicable, the head of the
agency which created or has jurisdiction over the records. Such schedule
is subject to the conditions set forth herein. The city shall reserve
and retain ownership, possession, and control of all records of
historical, research, cultural or other important value in accordance
with the provisions of this section and subdivision five of section
3003.
d. Other materials not included within the definition of records in
this charter may be destroyed, if not otherwise prohibited by law, at
any time by the agency in possession of such materials without the
approval of the commissioner of records and information services. Such
commissioner may, however, formulate procedures and interpretations to
guide in the disposition of such materials.