Mr. Edwards and List,

I ask your indulgence i advance for the length of the following reply, but I took liberties
in pasting sections of the VA Code below as well as the current law of VA, for which I feel
is pertinent to this discussion so all can read and understand my reference.

Please allow me to unequivocally state upfront, that my trust in the Library of Virginia is
supreme and unquestionable; my reply is rhetorical and as such, is not directed at  the
LVA.

In the second paragraph you wrote Sir:
"safeguards exist through the state's records management program to preserve the vital
information contained in wills.  The Code of Virginia in the sections known as the Virginia
Public Records Act gives the Library of Virginia authority to manage and direct records
management for the Commonwealth of Virginia."

I have extracted everything I found pertinent to this subject, and whereas I located
wording in the Code directly addressing "Administrative, Fiscal, Legal, and Historical",
there was NO wording found to genealogic significance. In support:
Sec. 42.1-79. Records management function vested in Board; State Library Board to be
official custodian; State Archivist. - The archival and records management function shall
be vested in the State Library Board. The State Library Board shall be the official
custodian and trustee for the Commonwealth of all public records of whatever kind which are
transferred to it from any public office of the Commonwealth or any political subdivision
thereof. As the Commonwealth's official repository of public records, the Library of
Virginia shall assume administrative control of such records on behalf of the Commonwealth.

The Librarian of Virginia shall name a State Archivist who shall perform such functions as
the Librarian of Virginia assigns.

Sec. 42.1-86.1. Disposition of public records. - No agency shall destroy or discard public
records without a retention and disposition schedule approved by the Librarian of Virginia
as provided in Sec. 42.1-82.

Sec. 42.1-88. Custodians to deliver all records at expiration of term; penalty for
noncompliance. - Any custodian of any public records shall, at the expiration of his term
of office, appointment or employment, deliver to his successor, or, if there be none, to
The Library of Virginia, all books, writings, letters, documents, public records, or other
information, recorded on any medium kept or received by him in the transaction of his
official business; ...

Herein lies my concern and objection to the premise of SB 818 on its face, as this law is
fundamentally flawed.

Given that the aforementioned is the "Code of Virginia", what is the purpose of SB 818??,
wherein is blatantly stated ...

Section D: Under the provisions of subsections B and C, the entire file of any case DEEMED
BY THE LOCAL CLERK of court to have historical value, as defined in § 42.1-77, or
genealogical or sensational significance shall be retained permanently as shall all cases
in which the title to real estate is established, conveyed or condemned by an order or
decree of the court. The final order for all cases in which the title to real estate is so
affected shall include an appropriate notification thereof to the clerk.


Deemed by the local clerk? Not those Standards set forth by the LVA and allowed by the Code
of VA? Where, how, and under what criteria does this "local clerk" glean the understanding
and training of genealogic significance? Isn't anything and everything filed in a state
appointed local court not of genealogic significance?

The following is what frightens me the most since this is the LAW of VA  as of 2002, and
allows to the powers of the local clerk:

Section E:  ... (iv) WILLS and WILL files, TO BE DESTROYED if such records, papers,
documents, or WILLS no longer have administrative, fiscal, historical, or legal value to
warrant continued retention, provided such records, papers, or documents have been
microfilmed.


Notwithstanding the lack of mention of genealogic interest, this clause again VESTS IN THE
LOCAL CLERK THE POWER to decide what IS OF VALUE and in which case I must again ask; who of
you feels comfortable with vesting such power in the Clerk? Is this Law "as written" not
telling me and the LVA, that the local clerk may decide which original documents may be
preserved in originality and those which may not since 1913? Please excuse the rhetoric.
This is precisely what the current law allows as written.

I am of the personal opinion that SB 818, and the Code of Virginal is in diametric
opposition to each other, as they are obviously contradictory.

Someone please correct me or please explain the dichotomy here. I am not reassured in the
least, as I feel the State is doing anything and everything in its power to cut any and all
costs due to their current financial straights.

In closing, did you all take serious note to the following post today?

If you would like to sign a petition opposing  Gov. Jeb Bush's closing
of the Florida State Library, please go to the following web site
http://www.floridahistory.info/petition/


Debra Rookard

GenExchange County Coordinator, City of Williamsburg
http://www.genexchange.org/county.cfm?State=va&County=williamsburg

--- Original Message -----

From: "Conley Edwards" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, February 11, 2003 1:00 PM
Subject: Senate Bill 818


: As most of you know, the Library of Virginia maintains the official archives
: of the Commonwealth of Virginia.  The state archives contains more than 91
: million items documenting four centuries of Virginia history.
:
: We have been monitoring Senate Bill 818 and want to reassure researchers
: that safeguards exist through the state's records management program to
: preserve the vital information contained in wills.  The Code of Virginia in
: the sections known as the Virginia Public Records Act gives the Library of
: Virginia authority to manage and direct records management for the
: Commonwealth of Virginia.  This Code section governs the retention and
: disposition of the records of the circuit courts.  As a result, circuit
: court clerks in Virginia are either keeping the original will or creating a
: facsimile of the original will.  This is standard procedure.  Senate Bill
: 818 would not change this.
:
: We will continue to work closely with the state's circuit court clerks on
: the requirements of our records management program to ensure that the
: invaluable information in these records is preserved, assuring researchers
: effective and efficient access.
:
: We are grateful for the concerns you have expressed and will continue to
: communicate and work with the Commonwealth's circuit court clerks on this
: matter.  As the official state repositoty we are committed to the
: preservation of the documentary hertiage of Virginia and do not believe
: Senate Bill 818 as currently written threatens that mission.
:
: ************
: Conley L. Edwards
: State Archivist
: The Library of Virginia
: 800 East Broad Street
: Richmond, VA  23219
: 804-692-3554
: [log in to unmask]
: ************
:
: To subscribe, change options, or unsubscribe, please see the instructions
: at http://listlva.lib.va.us/archives/va-hist.html
:

To subscribe, change options, or unsubscribe, please see the instructions
at http://listlva.lib.va.us/archives/va-hist.html