2006 New York Code - Records Retention And Disposition.


 
    § 57.25. Records  retention  and  disposition.  1.  It  shall  be  the
  responsibility of every local officer to maintain records to  adequately
  document  the  transaction  of  public  business  and  the  services and
  programs for which such officer  is  responsible;  to  retain  and  have
  custody  of  such  records for so long as the records are needed for the
  conduct of the business  of  the  office;  to  adequately  protect  such
  records;  to  cooperate  with  the local government's records management
  officer on programs for the orderly and efficient management of  records
  including   identification   and  management  of  inactive  records  and
  identification and preservation of records of enduring value; to dispose
  of records in accordance with legal requirements; and to pass on to  his
  successor  records  needed for the continuing conduct of business of the
  office. In towns, records no  longer  needed  for  the  conduct  of  the
  business  of  the office shall be transferred to the custody of the town
  clerk for their safekeeping and ultimate disposal.
    2. No local officer shall destroy, sell or otherwise  dispose  of  any
  public  record without the consent of the commissioner of education. The
  commissioner of education shall, after  consultation  with  other  state
  agencies  and  with  local  government  officers,  determine the minimum
  length of time that records need to be retained.  Such  commissioner  is
  authorized  to  develop,  adopt  by  regulation, issue and distribute to
  local  governments   records   retention   and   disposition   schedules
  establishing  minimum  legal  retention  periods.   The issuance of such
  schedules  shall  constitute  formal  consent  by  the  commissioner  of
  education  to  the  disposition  of records that have been maintained in
  excess of the  retention  periods  set  forth  in  the  schedules.  Such
  schedules  shall  be  reviewed  and  adopted by formal resolution of the
  governing body of a local government prior to  the  disposition  of  any
  records. If any law specifically provides a retention period longer than
  that  established  by  the  records  retention  and disposition schedule
  established herein the retention period established by  such  law  shall
  govern.


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