a. The head of each agency shall transmit to the municipal reference and research library, in electronic format each report, document, study and publication required by local law, executive order, or mayoral directive to be published, issued ore transmitted to the council or mayor, together with metadata identified by the department of records and information services, 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 agency's website, within ten business days of such publication, issuance or transmittal to the council or mayor. The agency shall further transmit within ten business days of release by the agency, in electronic format, to the department of records and information services each report, document or study prepared by consultants or other independent contractors, together with metadata identified by the department of records and information services. 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 all other published material and any report, document, study and publication required to be published by any state or federal law, rule or regulation, together with metadata identified by the department of records and information services. 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. Effective July 1, 2019, the department of records and information services, or its successor agency, shall maintain a list on its website of all reports, documents, studies and publications required by local law, executive order, or mayoral directive to be published, issued, or transmitted to the council or mayor. Such list shall provide:
1. the title of each such report, document, study or publication;
2. the agency or agencies primarily responsible for preparing such report, document, study or publication;
3. the frequency with which such report, document, study or publication is required to be published, issued or transmitted;
4. the date on which the last such report, document, study or publication was published by the agency; and
5. effective January 1, 2020, for each such report, document, study or publication listed pursuant to this subdivision, a link to the location of every instance of such report, document, study or publication, as received and posted pursuant to subdivisions a and c, and every request for such report, document, study or publication, as posted pursuant to subdivision d, provided that if such link is to a searchable portal then such link shall automatically execute the relevant search for the user.
c. For every instance of a report, document, study or publication listed pursuant to subdivision b and received by the department of records and information services, such website shall provide:
1. access to a copy of such report, document, study or publication;
2. a citation to any local law number, section of the charter, section of the administrative code, or section of any other law to which such report, document, study or publication is intended to be responsive, as provided pursuant to section 1134, if any;
3. the agency or agencies that prepared such report, document, study or publication; and
4. the date or reporting period for which such report, document, study or publication is intended to be responsive, if any.
d. The department of records and information services, or its successor agency, shall request the transmission pursuant to the requirements of this section of any report, document, study or publication required by local law, executive order, or mayoral directive to be published, issued, or transmitted to the council or mayor that is not received by the department, or its successor agency, within ten business days of the due date for such report, document, study or publication pursuant to the local law, executive order, or mayoral directive that requires the publishing, issuance or transmittal of such report, document, study or publication. The department, or its successor agency, shall make such request available on or through its website in place of the report, document, study or publication that has not been received.
e. By January 31 of each calendar year, the department of records and information services or its successor agency shall notify each agency of the reports that the department expects to receive from the agency during that calendar year.
f. 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.
g. 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.
h. 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.
(Am. L.L. 2019/029, 2/9/2019, eff. 6/9/2019)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2003/011 and L.L. 2003/022.