Tina:
Thanks for your comments. With regards to the definitions. According to
the legal eagle, Lisa Wallmeyer, assigned to the subcommittee whenever
terms are used in legislation definitions need to be included in the
legislation. This documents the exact items that were considered at the
time the legislation was developed. For example the definition in the
VPRA is modeled on the one developed for the Federal Records Act in the
1950s. 

We will consider your suggestions about the defintion. Thanks, 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. 

-----Original Message-----
From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: Thursday, January 20, 2005 10:16 AM
To: [log in to unmask]
Subject: Re: Definition of a Public Record

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 Repealed.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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