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Meeting of the Board of Regents | April 2003

Tuesday, April 1, 2003 - 4:35am

TO:

The Honorable the Members of the Board of Regents

FROM:

Carole F. Huxley

 

COMMITTEE:

Cultural Education

TITLE OF ITEM:

Amendment of Sections 185.5 and 185.11 of the Regulations of the Commissioner of Education � Records Retention and Disposition Schedule MU-1

DATE OF SUBMISSION:

March 31, 2003

PROPOSED HANDLING:

Approval

RATIONALE FOR ITEM:

Approval of Proposed Regulations for Local Government Records Disposition

STRATEGIC GOAL:

Goal 2

AUTHORIZATION(S):

 

 
   

SUMMARY:

Attached is a proposed amendment of sections 185.5 and 185.11 of the Regulations of the Commissioner of Education. Additional supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed amendment is to update Records Retention and Disposition Schedule MU-1 and to correct the name and address of the State Archives to which one can submit requests for copies of records retention and disposition schedules. The proposed amendment has been recommended by the State Education Department after consultation with the New York State Local Government Records Advisory Council.

Schedule MU-1, which is used by cities (other than New York City), towns, villages and fire districts, has been substantially revised since it was last issued in 2000. Working closely with concerned state agencies and local governments, State Archives staff extensively updated the Environmental Health, Public Property and Equipment, and Transportation and Engineering sections. State Archives staff also revised existing items and added new items to several other schedule sections. Indices were updated to cover all new and revised items on the schedule.

A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on February 5, 2003.

RECOMMENDATION: It is recommended that the Board of Regents take the following action:

VOTED: That subdivision (a) of section 185.5, subdivision (b) of section 185.5, and section 185.11 of the Regulations of the Commissioner of Education be amended, as submitted, effective May 22, 2003.

Attachment

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to section 207 of the Education Law and section 57.25 of the Arts and Cultural Affairs Law.

1. Subdivision (a) of section 185.5 of the Regulations of the Commissioner of Education is amended, effective May 22, 2003, to read as follows:

(a) The following records retention and disposition schedules issued by the Commissioner of Education prior to March 9, 1990, and adopted by resolution of the governing body of a local government, may continue to be used by that local government to legally dispose of records after March 9, 1990 in accordance with section 57.25 of the Arts and Cultural Affairs Law, until superseded pursuant to subdivision (b) of this section. All of the schedules are published by The University of the State of New York, The State Education Department, Albany, NY 12234, and are available at the State Archives [and Records Administration, 10A63], 9A47 Cultural Education Center, Albany, NY 12230:

(1) records retention and disposition schedule MU-1 (1988; [rev. 2000] rev. 2003), as set forth in section 185.11 of this Part and Appendix H of this Title, for cities, towns, villages and fire districts;

(2) . . .

(3) . . .

2. Subdivision (b) of section 185.5 of the Regulations of the Commissioner of Education is amended, effective May 22, 2003 to read as follows:

(b) The following records retention and disposition schedule, issued by the Commissioner of Education in accordance with section 57.25 of the Arts and Cultural Affairs Law, shall be adopted by the governing body of each affected local government. This schedule is published by The University of the State of New York, The State Education Department, Albany, NY 12234, and is available at the State Archives [and Records Administration, 10A63] 9A47 Cultural Education Center, Albany, NY 12230:

(1) Records Retention and Disposition Schedule CO-2 (1990; rev. 2002), as set forth in section 185.13 of this Part and Appendix J of this Title, is adopted for records of counties.

3. Section 185.11 of the Regulations of the Commissioner of Education is amended, effective May 22, 2003, to read as follows:

Section 185.11 Records retention and disposition schedule MU-1, 1988; [rev. 2000] rev. 2003 (see Appendix H of this Title).