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1 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: April 7, 2015 <br />Action Agenda <br />Item No. 6 -h <br />SUBJECT: County Sheriff's Office — Records Retention and Disposition Schedule <br />DEPARTMENT: Orange County Sheriff's Office PUBLIC HEARING: (Y /N) No <br />ATTACHMENT(S): <br />UNDER SEPARATE COVER -ONLY <br />AVAILABLE ONLINE <br />Records Retention and Disposition <br />Schedule, dated November 10, 2008 <br />http. / /orangecountync. gov/occlerks /1504 <br />076h 1. ,adf <br />Records Retention and Disposition <br />Schedule Amendment, dated September <br />28, 2009 <br />httD. / /oranecountync. -qov/occlerks /1504 <br />076h2.12df <br />INFORMATION CONTACT: <br />Charles Blackwood, Orange County <br />Sheriff, 919.245.2900 <br />Jennifer Galassi, Legal Advisor to <br />the Sheriff, 919.245.2952 <br />PURPOSE: To approve the County Sheriff's Office Records Retention and Disposition <br />Schedule. <br />BACKGROUND: North Carolina General Statutes §§ 121 -5 and 132 -3 provide that the Orange <br />County Sheriff's Office may only destroy or dispose of public records with "the consent of the <br />Department of Cultural Resources, except as provided in G.S. 130A -99 ". Compliance with that <br />Statute would require the Orange County Sheriff's Office (the "Sheriff's Office) to obtain <br />permission to destroy any record, regardless of its significance. Destruction of a public record <br />that does not comply with the statute constitutes a Class 3 misdemeanor accompanied by a <br />fine. <br />To avoid the need to seek and obtain permission from the Department of Cultural Resources to <br />destroy records, the statute authorizes the North Carolina Historical Commission to make <br />orders, rules, and regulations to carry out its provisions. Destruction of public records in <br />accordance with these orders, rules, and regulations relieves the Sheriff's Office from liability. In <br />November 2008, the Department of Cultural Resources released the "County Sheriff's Office: <br />Records Retention and Disposition Schedule" (the "Schedule "). The Department of Cultural <br />Resources uses the Schedule as a tool to assist Sheriff's Offices to manage records. The <br />Schedule inventories the types of records found in a Sheriff's Office, and determines when they <br />can be destroyed if at all. The Schedule and a 2009 amendment are available at the links in the <br />"Attachments" section noted above — these documents are not included in hard copy with this <br />abstract and are available upon request. <br />