L.L. 2003/022

Enactment date: 3/26/2003

Proposed Int. No. 102-A

By Council Members Perkins, Baez, Barron, Brewer, Comrie, Davis, Jackson, Jennings, Lopez, Nelson, Quinn, Reed, Sanders, Seabrook, Stewart, Moskowitz, Boyland and Gerson; also Council Member Gioia.

A Local Law to amend the New York City Charter in relation to the custody and control of city records of historical, research, cultural or other important value.

Be it enacted by the Council as follows:

Section 1. Declaration of Intent and Findings. The Council finds that the professional and unbiased preservation of the City's historical records is necessary in order to capture the accurate recording of history. The professional archiving of and accessibility to these records are cornerstones of a free society. The City's Department of Records and Information Services (the "Department") is responsible for the professional administration and permanent preservation of historically valuable, public records of the City of New York. Through its municipal archives, the Department acts to preserve the City's "collective memory," and to make "possible the transmission of our democratic cultural heritage from generation to generation." See www.NYC.gov.html.doris (message from the commissioner). Individually and collectively, these records are priceless, unique, and are among the richest of our City's legacies.

In order to ensure that the City does not lose public control of such vital, City-owned records, it is important to clearly outline how the City may maintain the custody and control of public records produced during the administrations of city officials. The legislation defines and prohibits arrangements that may compromise or appear to compromise the professional and unbiased archiving of records. The legislation also creates a review board, which will have access to review any archiving processes with any archival entities the City contracts with, including private entities the City has contracted with in the past. The violation or appearance of violation of the integrity of these records constitutes an injury to the public, who rely on the City to maintain an accurate account of its history and operations. Such injury could occur, for example, when the custody of the original and only set of historical records is turned over to a non-public entity, and could leave the public to question its accuracy and completeness. Only those public entities that have no more than the City's interest in mind should be entrusted to handle these records.

The Council proposed this legislation after hearing testimony from expert historians, archivists, and good government advocates regarding the proper handling of important historical documents so as to maintain their integrity and avoid any selective denial of access to such records, or any appearance thereof. It is important that, when others look back at any period in history, they have, to whatever extent possible, access to the complete and accurate record of the City's public office holders and their administrations.

The measures instituted by this legislation also seek to better ensure equal access to all members of the public by keeping historical records in the custody of a public entity dedicated to the service of the City of New York. In so doing, the Council expects to facilitate the Department's Charter-mandated mission to "ensure that all significant research material pertaining to the operations of the City as well as other municipalities shall be preserved and readily available for use[.]" New York City Charter § 3003(2).

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[Consolidated provisions are not included in this Appendix A]

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§ 6. This law shall take effect immediately, and the responsibilities of the board created by section four of this local law shall pertain to all papers of any city administration to date and any contracts with any entity, including private entities as defined herein, heretofore entered into for the purposes specified in subdivision five of section 3003.