|
a~
<br />G.S. 121, the Archives and History Act
<br />121-4. Powers and duties of the Department of Cultural Resources.
<br />The Department of Cultural Resources shall have the following powers and duties:
<br />(2) To conduct a records management program, including the operation of a records center or centers
<br />and a centralized microfilming program, for the benefit of all State agencies, and to give advice
<br />and assistance to the .public officials and agencies in matters pertaining to the economical and
<br />efficient maintenance and preservation of public records.
<br />(3) To preserve and administer, in the North Carolina State Archives, such public records as may be
<br />accepted into its custody, and to collect, preserve, and administer private and unofficial historical
<br />records and other documentary materials relating to the history of North Carolina and the territory
<br />included therein from the earliest times. The Department shall carefully protect and preserve such
<br />materials, file them according to approved archival practices, and permit them, at reasonable
<br />times and under the supervision of the Department, to be inspected, examined, or copied:
<br />Provided, that any materials placed in the keeping of the Department under special terms or
<br />conditions restricting their use shall be made accessible only in accordance with such terms or
<br />conditions.
<br />§ 121-5. Public records and archives.
<br />(a) State Archival Agency Designated. -The Department of Cultural Resources shall be the official archival
<br />agency of the State of North Carolina with authority as provided throughout this Chapter and Chapter 132 of the
<br />General Statutes of North Carolina in relation to the public records of the State, counties, municipalities, and other
<br />subdivisions of government.
<br />(b) Destruction of Records Regulated. - No person may destroy, sell, loan, or otherwise dispose of any public
<br />record without the consent of the Department of Cultural Resources, except as provided in G.S. 130A-99. Whoever
<br />unlawfully removes a public record from the office where it is usually kept, or alters, mutilates, or destroys it shall be
<br />guilty of a Class 3 misdemeanor and upon conviction only fined at the discretion of the court.
<br />When the custodian of any official State records certifies to the Department of Cultural Resources that such
<br />records have no further use or value for official and administrative purposes and when the Department certifies that
<br />such records appear to have no further use or value for research or reference, then such records may be destroyed or
<br />otherwise disposed of by the agency having custody of them.
<br />When the custodian of any official records of any county, city, municipality, or other subdivision of government
<br />certifies to the Department that such records have no further use or value for official business and when the
<br />Department certifies that such records appear to have no further use or value for research or reference, then such
<br />records may be authorized by the governing body of said county, city, municipality, or other subdivision of government
<br />to be destroyed or otherwise disposed of by the agency having custody of them. A record of such certification and
<br />authorization shall be entered in the minutes of the governing body granting the authority.
<br />The North Carolina Historical Commission is hereby authorized and empowered to make such orders, rules, and
<br />regulations as may be necessary and proper to carry into effect the provisions of this section. When any State, county,
<br />municipal, or other governmental records shall have been destroyed or otherwise disposed of in accordance with the
<br />procedure authorized in this subsection, any liability that the custodian of such records might incur for such destruction
<br />or other disposal shall cease and determine.
<br />(c) Assistance to Public Officers. -The Department of Cultural Resources shall have the right to examine into
<br />the condition of public records and shall, subject to the availability of staff and funds, give advice and assistance to
<br />public officials and agencies in regard to preserving or disposing of the public records in their custody. When
<br />requested by the Department of Cultural Resources, public officials shall assist the Department in the preparation of an
<br />inclusive inventory of records in their custody, to which inventory shall be attached a schedule, approved by the head
<br />of the governmental unit or agency having custody of the records and the Department of Cultural Resources,
<br />establishing a time period for the retention or disposal of each series of records. So long as such approved schedule
<br />remains in effect, destruction or disposal of records in accordance with its provisions shall be deemed to have met the
<br />requirements of G.S. 121-5(b).
<br />The Department of Cultural Resources is hereby authorized and directed to conduct. a program of inventorying,
<br />repairing, and microfilming in the counties for security purposes those official records of the several counties which the
<br />Department determines have permanent value, and of providing safe storage for microfilm copies of such records.
<br />MAILING ADDRESS: Telephone (919) 807-7350 LOCATION:
<br />4615 Mail Service Center Facsimile (919) 715-3627 215 N. Blount Street
<br />Raleigh, N.C. 27699-4615 Raleigh, N.C. 27601-2823
<br />State Courier 51-81-20
<br />
|