VA-ROL Archives

January 2005

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Subject:
From:
Reply To:
Virginia Records Officer's Listserv <[log in to unmask]>
Date:
Thu, 20 Jan 2005 10:16:28 -0500
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Does the Virginia Public Records Act (Act) need to have definitions listed
in the Code of Virginia?
Sections 42.1-79 and 42.1-82 of the Act say the State Library Board of the
Library of Virginia shall establish procedures for records management, be
the official custodian and assume administrative control.

Better to repeal the definitions section then to have
conflict/confusion/misunderstanding.

Section 42.1-77. Definitions. Repealed.

HOWEVER, If you choose to retain the definitions section then I think the
definitions should be correct, concise and clear, regardless of how
many/few there are.

By-the-way. A "record" refers to an account of something kept for evidence
or information. (then you describe the various types)
1. WHAT IS A RECORD ?
2. WHAT TYPES OF RECORDS ARE THERE ?

The definition below is the description of a "record" and Not a private or
public one.


"Public record" means recorded information that documents a transaction or
activity by or with any public officer, agency or employee of the state
government or its political subdivisions an agency. Regardless of physical
form or characteristic, the recorded information is a public record if it
is produced, collected, received or retained in pursuance of law or in
connection with the transaction of public business. The medium on upon
which such information is recorded may be, but is not limited to paper,
film, magnetic, optical or solid state devices which can store electronic
signals, tapes, mylar, linen, silk or vellum. The general types of records
may be, but are not limited to books, papers, letters, documents,
printouts, photographs, films, tapes, microfiche, microfilm, photostats,
sound recordings, maps, drawings, and any representations held in computer
memory has no bearing on the determination of whether the recording is a
public record.



Sincerely,
Tina Long
Records officer and concerned citizen

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