Agenda - 05-05-2009 - 6a - Laserfiche WebLink

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~°~ ~n~= ~~ ""~"' hJORTH C.+'kROLINI~ ~: DE1~'~F2TMEM1.eT C7 f' C U LTIJ R~4L RESOURCES North Carolina Department of Cultural Resources Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary March 19, 2009 Andrea F Tullos Assistant to the Director Hyconeechee Regional Library System Orange County Public Library P.O. Box 8181 Hillsborough, NC 27278 Dear Ms. Tullos, ~o Office of Archives and History Jeffrey J. Crow, Deputy Secretary In response to your email dated, March 19, 2009 in which you ask for additional information concerning "the laws and/or requirements that indicate the types of materials that are mandated that should reside in the State Archives." I will attempt to point out the relevant laws that give the Dept. of Cultural Resources (DCR) authority for the ultimate disposition of the public records currently in the possession of the Orange County Public Library. G.S. 121, the Archives and History Act, and G.S. 132, the Public Records Law, are the two main statutes dealing with the management of the records created and maintained by all government entities in North Carolina. G.S. 132-8, states that "The Department of Cultural Resources shall have the right to examine into the condition of public records..." in the custody of government officials. At your request on February 12, 2009, I met with representative of your office to discuss the preservation issues associated with the records in question. There are several other relevant points to G.S. 132 and, for you reference, I have attached them to the end of this letter. Here are the most essential points of G.S. 121. It designates the Dept. of Cultural Resources (DCR) as the official archival repository for permanent value North Carolina public records created by all subdivision of NC government. Based on established collecting strategies and best practices in archival management, the head of the Local Record Unit, Government Records Branch is responsible for the determination of which local government records should come to the State Archives for permanent preservation. I, as head of the local record, have determined that the records from the sheriffs office and clerk of court should be transferred to the State Archives. G.S. 121-5 (b) also states that, "No person may destroy, sell, loan, or otherwise dispose of any public record without the consent of the Department of Cultural Resources..." DCR grants the consent for the destruction and/or transfer of public records to the State Archives for permanent preservation through approved records retention and disposition schedules. DCR has published retention and disposition schedules specifically for the management and disposition of records created by the clerk MAILING ADDRESS: Telephone (919) 807-7350 LOCATION: 4615 Mail Service Center Facsimile (919) 715-3627 215 N. Blount Street Raleigh, N.C. 27699-4615 Raleigh, N.C. 27601-2823 State Courier 51-81-20