Orange County NC Website
5 <br /> Public records,including electronic records,not listed in this schedule are not authorized to be destroyed. <br /> Audits and Litigation Actions <br /> Records subject to audit or those legally required for ongoing official proceedings must be retained until released <br /> from such audits or official proceedings, notwithstanding the instructions of this schedule. <br /> Electronic Records <br /> All local government agencies and the Department of Natural and Cultural Resources concur that the long-term <br /> and/or permanent preservation of electronic records requires additional commitment and active management by <br /> the agency. Agencies agree to comply with all policies, standards, and best practices published by the Department <br /> of Natural and Cultural Resources regarding the creation and management of electronic records. <br /> Local government agencies should consider retention requirements and disposition authorities when designing and <br /> implementing electronic records management systems. Any type of electronically-created or electronically-stored <br /> information falls under the North Carolina General Assembly's definition of public records cited above. For example, <br /> e-mail,text messages, blog posts,voicemails,websites,word processing documents,spreadsheets, databases, and <br /> PDFs all fall within this definition of public records. In addition, N.C.Gen.Stat. §132-6.1(a)specifies: <br /> "Databases purchased, leased, created, or otherwise acquired by every public agency containing public <br /> records shall be designed and maintained in a manner that does not impair or impede the public agency's <br /> ability to permit the public inspection and examination of public records and provides a means of obtaining <br /> copies of such records. Nothing in this subsection shall be construed to require the retention by the public <br /> agency of obsolete hardware or software." <br /> Local government agencies may scan any paper record and retain it electronically for ease of retrieval. If an agency <br /> wishes to destroy the original paper records before their assigned retention periods have been met,the agency must <br /> establish an electronic records policy, including putting into place procedures for quality assurance and <br /> documentation of authorization for records destructions approved by the Government Records Section. This <br /> electronic records policy and releases for destruction of records must be approved by the Government Records <br /> Section. Agencies should be aware that for the purpose of any audit, litigation, or public records request, they are <br /> considered the records custodian obligated to produce requested records,even if said records are being maintained <br /> electronically by an outside vendor. Therefore, contracts regarding electronically stored information should be <br /> carefully negotiated to specify how records can be exported in case a vendor goes out of business or the agency <br /> decides to award the contract to a different vendor. <br /> Reference Copies <br /> All local government agencies and the Department of Natural and Cultural Resources agree that certain records <br /> series possess only brief administrative,fiscal, legal, research,and reference value. These records series have been <br /> designated by retention periods that allow these records to be destroyed when "reference value ends." All local <br /> government agencies hereby agree that they will establish and enforce internal policies setting minimum retention <br /> periods for the records that Natural and Cultural Resources has scheduled with the disposition instruction "destroy <br /> when reference value ends." If a local government agency does not establish internal policies and retention periods, <br /> the local government agency is not complying with the provisions of this retention schedule and is not authorized <br /> by the Department of Natural and Cultural Resources to destroy the records with the disposition instruction "destroy <br /> when reference value ends." <br /> Record Copy <br /> A record copy is defined as"The single copy of a document,often the original,that is designated as the official copy <br /> for reference and preservation."' The record copy is the one whose retention and disposition is mandated by these <br /> schedules; all additional copies are considered reference or access copies and can be destroyed when their <br /> usefulness expires. In some cases, postings to social media may be unofficial copies of information that is captured <br /> elsewhere as a record copy (e.g., a press release about an upcoming agency event that is copied to various social <br /> 1 Society of American Archivists,Dictionary of Archives Terminology. <br /> 2021 Program Records Schedule: Local Government Agencies ii <br />