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3 <br /> ORANGE COUNTY <br /> CopyBOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: ik j%%j <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): INFORMATION CONTACT: <br /> UNDER SEPARATE COVER-ONLY Charles Blackwood, Orange County <br /> AVAILABLE ONLINE Sheriff, 919.245.2900 <br /> Records Retention and Disposition Jennifer Galassi, Legal Advisor to <br /> Schedule, dated November 10, 2008 the Sheriff, 919.245.2952 <br /> 12112,22.2122.2122Yatk2212,..g.2.W.Q.22.1.2.1LLif.24. <br /> 76h1,.p :f <br /> Records Retention and Disposition <br /> Schedule Amendment, dated September <br /> 28, 2009 <br /> hit . cr npec unt, nc.gov/occlerks/1504 <br /> 6h ,,n f <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 />