Bob:
Thank you for responding to this issue so promptly.  Are the following
changes you suggested to be made to HB1791 prior to its introduction or
will an amended bill be introduced, and, if so, when?

         <3. The change in section 42.1-86-1 appears to imply that the
records can't be destroyed until the Certificate of Records Destruction
has been sent to the Library of Virginia. ... I would be happy to
rewrite of part (ii) of 42.1-86.1 to clarify that the completed, signed,
original form merely has to be filed with the Library of Virginia upon
destruction of the records.>
        I am glad that the implication was not the intent.
Unfortunately, statutes rarely explain intent and are viewed as legally
binding requirements.  Your suggested wording would, indeed, clarify the
requirement and remove the adverse implication.
         
        <4. 42.1-82, paragraph 3 - removing administrative, legal,
fiscal, or historical considerations for retention values... . ...The
Library of Virginia has no objection if the terms administrative, legal
and fiscal are retained in 42.1-82 (3). We always have and always will
follow those basic principles in the development of records retention
and disposition schedules.>
        I endorse this suggestion and am pleased that the wording will
be restored and the basic principles of RIM supported by the law. It
will help prevent unnecessary confusion and burdensome expense on the
part of agencies and localities.  It follows, of course, that using the
terms in the body of the Act will require the definitions of
administrative value, legal value, fiscal value, and historical value
also to be retained in the Act.

Ginny Jones 
(Virginia A. Jones, CRM) 
Records Manager 
Information Technology Division 
Newport News Dept. of Public Utilities 
Newport News, VA 
[log in to unmask] 

 

________________________________

From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of Robert Nawrocki
Sent: Wednesday, January 19, 2005 11:55 AM
To: [log in to unmask]
Subject: Re: Meeting with Del. Cox Today on HB 1791


Jerry and Everyone:
First I want to thank everyone for their consideration and commentary on
this legislation. The reworking of the Virginia Public Records Act is a
program that has been many years in the making. For all of us involved
in the management of public records it is they key enabling legislation
that helps us do our job. The original legislation was developed in the
1970s and does need updating. I would like to discuss with you some of
the comments that I've heard and let you know our thinking on them. 
 
1. The definition of a public record - The intent here is to simplify
the definition of a public records while still retaining the original
intent. The primary change is to remove the laundry list of possible
mediums the record could be recorded upon. By making clear that the
determination of a record is independent of the medium the record is
recorded upon we remove the need to modify the VPRA in the future should
there be an unanticipated technological change. The change also places
the definition closer to the definition in the ISO Standard 15489-1
Information and Documentation - Records Management Standard.  The
definition in the standard states that a record is "information created,
received and maintained as evidence and information by an organization
or person, in pursuance of legal obligations or in the  transaction of
business". 
 
2. The removal of the first paragraph in section 42.1-83 will put the
security microfilm storage vault in jeopardy. The first paragraph deals
with the obligation of the Library of Virginia to have a microfilm
program for counties, cities and towns. This program was a victim of the
budget cuts several years ago and unless the Library is the beneficiary
of a substantial budget increase one we are unable to resurrect in the
future. The last sentence of the next paragraph states that "Microfilm
shall be stored in the Library of Virginia...". Further in section
42.1-86 states in the second to last section that "Security copies shall
be preserved in the place and manner prescribed by the State Library
Board..." The deletion of the first paragraph in no way diminishes the
place of the Microfilm Security Vault nor does it diminish the
commitment of the Library of Virginia to the preservation of security
copies of permanent microfilm. In fact we are looking at ways in which
we can extend the security vault concept to permanent electronic
records. 
 
 3. The change in section 42.1-86-1 appears to imply that the records
can't be destroyed until the Certificate of Records Destruction has been
sent to the Library of Virginia.  This section was rewritten to reflect
the process that any public record must follow for legal disposition.
Prior to this the process was not spelled out in the Act. There is no
intent in this legislation to suggest that the Certificate of Records
Destruction must have prior approval before destruction can take place.
It does clarify and codify that the designated records officer must
approve of said destruction. I would be happy to rewrite of part (ii) of
42.1-86.1 to clarify that the completed, signed, original form merely
has to be filed with the Library of Virginia upon destruction of the
records. 

 

4. 42.1-82, paragraph 3 - removing administrative, legal, fiscal, or
historical considerations for retention values and replacing them with
only archival considerations implies the general schedules will be based
solely on archival or historical need or value.  In no way is this meant
to imply that there is only one determinant, archival value, for the
retention periods set for general or specific schedules. The Library of
Virginia is responsible for the development and implementation of
records retention and disposition schedules. These schedules have been
and will continue to be developed and approved along records management
principles. The administrative, fiscal and legal values are always
considered in the development of a records retention and disposition
schedule. The Library of Virginia has no objection if the terms
administrative, legal and fiscal are retained in 42.1-82 (3). We always
have and always will follow those basic principles in the development of
records retention and disposition schedules.

 

The Library of Virginia has worked very hard to make sure that there is
significant input from the records users in the general records
retention schedules that we develop. We invite public comment and
encourage focus groups to advise us on users concerns. The Public School
Records Consortium is one such group and we encourage the formation of
others. I encourage all of you to participate in or lead such a group. 

 

I hope this answers the major questions that have been presented.
Certainly the work of updating the Virginia Public Records Act and the
impact of electronic records upon it will go on. I invite those who are
interested in joining a to be formed working group to develop these
changes to let me know that you would be willing to do so. 

 
Bob
 
Robert F. Nawrocki CRM
State Records Administrator 
Library of Virginia
800 East Broad Street 
Richmond, VA 23219
804.692.3505
Innovate and Infuriate
Lead, Follow or Get out of the Way. 
 


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