Records not listed on a records retention and disposition schedule shall not be disposed of without the approval of the commissioner. Whenever a local government record is identified as not being listed on a records retention and disposition schedule, the commissioner, in accordance with section 57.25(2) of the Arts and Cultural Affairs Law, will determine the minimum length of time the record needs to be retained and issue an amendment to all appropriate schedules.

Local governments may apply to the commissioner to dispose of records whose retention periods have not expired in cases where those records have been damaged by natural or manmade disaster, and when the information contained in those records is substantially destroyed or obliterated or the records constitute a human health or safety risk. Those records may be disposed of following application to the commissioner and after the consent of the commissioner has been granted.

No local government may dispose of records predating 1910 without special approval of the commissioner. In determining whether such approval shall be granted, the commissioner shall consider whether the records for which disposition is sought substantially duplicate information contained in other records being retained, possess significant intrinsic value, have significant and enduring value for research and are in appropriate physical condition for use in research. This provision shall also apply to the disposition of original records predating 1910 which have been reproduced by microphotography or other means.

Notwithstanding any minimum retention period set forth in a records retention and disposition schedule issued by the commissioner pursuant to this Part, a local government may dispose of, or remove certain information from specified employee disciplinary, investigative and performance evaluation records, prior to the time when the appropriate minimum retention period has expired, when this disposition or removal is based on a provision of a collective bargaining agreement in effect between a local public employer and a public employee labor organization.