Orange County NC Website
MANAGING PUBLIC RECORDS IN NORTH CAROLINA <br />Q. what ~s this "records retention and dxs~pos~t~on schedu.~e"? <br />A. This document is a tool fox the employees of county governments across the state to use when managing the <br />xecoxds in their offices. Tt lists xecoxds commonly found in county offices, and gives an assessment of their <br />value by indicating when and ~ those xecoxds should be destroyed. This schedule is also an agreement <br />between your county and the Department of Cultural Resources. <br />This schedule sues as the inventory and schedule that the Depa~rtm.ent of Cultural Resources is directed by <br />. G.S. ~~.Z~.-5 ~c} and G.S. ~~32_g to provide. ~t supersedes all previous editions, including all amendments. <br />Q. 'C~hy do .~ need this schedule? <br />.A. According to G.S. ~~21~5 and G.S. X32-3, you may only destroy public xecoxds with the consent ofthe <br />Department of Cultural Resources. This schedule is the primary way DCR gives its consent. ~'lithout <br />approving this schedule, your county is obligated to obtain. permission to~destroy ate record, no matter how <br />insignificant. <br />Q. .F.~aw do .~ get ~t a~~arov~ed~ <br />• .A.. This schedule must be approved by the County Board of Commissioners for use in your county. That <br />approval should be made in a regular sneering and recorded as an action in the minutes. It may be done as part <br />of the consent agenda, by resolution, or other action. <br />Q. .Do .~ have to have a.~~ of the records fisted on this schedule? <br />.A.. No. This is not a list of xecoxds you must have in your office. <br />Q. ~ can't find some of my records an this sched~xlle. <br />A. Call the Records Management Analyst assigned to your county. Cie will. work with you to amend this records <br />schedule sa that you may destroy records appropriately. <br />Q. what are pub.~ic records? <br />.~. 't'he Getseral Statut~,~ of .North Caralitra, Chapter 132, provides this definition of public records: <br />"Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, <br />films, sound recordings, magnetic ox other tapes, electronic data processing xecoxds, artifacts, or other <br />documentary material, regardless of physical form ox characteristics, made or received pursuant to law or <br />ordinance in connectson with the transaction of public business by any agency of North Carolina <br />government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and <br />include every public office, public officer or officialState or local, elected or appointed, institution, <br />board, commission, bureau, council, department, authority or other unit of government of the State or of <br />any county, unit, special district or other political subdivision of government. <br />Q. Gan anyone see .any records? <br />.A. Yes, except as restricted by specific provisions in state or federal law. G.S. ~~32~6 instructs: <br />"Every custodian of public xecoxds shah permit any record in the custodian's custody to be inspected and <br />examined at reasonable times and under reasonable supervision by any person, and shah, as promptly as <br />possible, furnish copies thereof upon payment of any fees as may be prescribed by law ... No person <br />requesting to inspect and examine public xecoxds, ox to obtain copies thereof, shall be required to disclose <br />the purpose ox motive fox the request" <br />Qr 't'hat about .my confident~a.~ records? <br />.A. Not all government records are open to public inspecfion. Exceptions to the access requirements in G.S. ~132- <br />~ and the definition of public xecoxds in G.S. ~132~1 are found throughout the General Statutes. You must be <br />able to cite a specific provision in the General Statutes vx federal law when you restrict ox deny access to a <br />particular record. <br />iii <br />