Orange County NC Website
MANAGING PUBLIC RECORDS IN NORTH CAROLINA <br />Q. What is this "records retention and disposition schedule"? <br />A. This document is a tool for the employees of county governments across the state to use when managing the <br />records in their offices. It lists records commonly found in county offices, and gives an assessment of their <br />value by indicating when (and if) those records should be destroyed. This schedule is also an agreement <br />between your county and the Department of Cultural Resources. <br />This schedule serves as the inventory and schedule that the Department of Cultural Resources is directed by <br />G.S. §121-5 (c) and G.S. §132-8 to provide. It supersedes all previous editions, including all amendments. <br />Q. Why do I need this schedule? <br />A. According to G.S. §121-5 and G.S. §132-3, you map only destroy public records with the consent of the <br />Department of Cultural Resources. This schedule is the primary way DCR gives its consent. Without <br />approving this schedule, your county is obligated to obtain pemvssion to destroy arty record, no matter how <br />insignificant. <br />Q. How do I get it approved? <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 meeting and recorded as an action in the minutes. It maybe done as part <br />of the consent agenda, by resolution, or other action. <br />Q. Do I have to have all of the records listed on this schedule? <br />A. No. This is not a list of records you must have in your office. <br />Q. I can't find some of my records on this schedule. <br />A. Call the Records Management Analyst assigned to your county. We will work with you to amend this records <br />schedule so that you may destroy records appropriately. <br />Q. What ate public records? <br />A. The General Statutes of North Carolina, 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 or other tapes, electronic data- processing records, artifacts, or other <br />documentary material, regardless of physical form or characteristics, made or received pursuant to law or <br />ordinance in connection 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 official (State 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. Can anyone see my records? <br />A. Yes, except as restricted by specific provisions in state or federal law. G.S. §132-G instructs: <br />"Every custodian of public records shall 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 shall, as promptly as <br />possible, famish copies thereof upon payment of any fees as map be prescribed by law.... No person <br />requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose <br />the purpose or motive for the request." <br />Q. What about my confidential records? <br />A. Not all government records are open to public inspection. Exceptions to the access requirements in G.S. §132- <br />6 and the definition of public records 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 or federal law when you restrict or deny access to a <br />particular record. <br />iii <br />