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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: February 16, 2016 <br /> Action Agenda <br /> Item No. 6-e <br /> SUBJECT: 2015 Update to County Sheriff's Office: Records Retention and Disposition <br /> Schedule <br /> DEPARTMENT: Orange County Sheriff's Office PUBLIC HEARING: (Y/N) No <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> April 7, 2015 Agenda Abstract Item Charles Blackwood, Orange County <br /> Sheriff, 919.245.2900 <br /> Jennifer Galassi, Legal Advisor to <br /> UNDER SEPARATE COVER-ONLY the Sheriff, 919.245.2952 <br /> AVAILABLE ONLINE <br /> Records Retention and Disposition <br /> Schedule, dated November 15, 2015 <br /> http://archives.ncdcr.gov/Portals/26/PDF/ <br /> schedules/schedules revised/County S <br /> heriff 11-15-2015.pdf <br /> PURPOSE: To approve the updated County Sheriff's Office Records Retention and Disposition <br /> Schedule dated November 15, 2015. <br /> BACKGROUND: North Carolina General Statutes (NCGS) §§ 121-5 and 132-3 provide that the <br /> Orange County Sheriffs Office may only destroy or dispose of public records with "the consent <br /> of the Department of Cultural Resources [now the Department of Natural and Cultural <br /> Resources], except as provided in NCGS 130A-99." Compliance with that Statute would require <br /> the Orange County Sheriffs Office (the "Sheriff's Office") to obtain permission to destroy any <br /> record, regardless of its significance. Destruction of a public record that does not comply with <br /> the statute constitutes a Class 3 misdemeanor accompanied by a fine. <br /> To avoid the need to seek and obtain permission from the Department of Natural and Cultural <br /> Resources to destroy records, the statute authorizes the North Carolina Historical Commission <br /> to make orders, rules, and regulations to carry out its provisions. Destruction of public records <br /> in accordance with these orders, rules, and regulations relieves the Sheriffs Office from liability. <br /> In November 2008, the Department of Cultural Resources released the "County Sheriffs Office: <br /> Records Retention and Disposition Schedule" (the "Schedule"). The Department of Natural and <br /> Cultural Resources uses the Schedule as a tool to assist Sheriff's Offices to manage records. <br /> The Schedule inventories the types of records found in a Sheriff's Office, and determines when <br /> they can be destroyed if at all. <br /> On April 7, 2015, the Board of Commissioners approved the County Sheriff's Office: Records <br /> Retention and Disposition Schedule, dated November 10, 2008, and any amendments thereto, <br />