Good afternoon:
A number of us have had a productive meeting with Delegate Cox, we
believe a majority of the issues have been worked out but the proposed
changes to the definition of a public record is still under discussion.
The primary sticking point is whether there should more examples of
types of records in the definition or the definition should state that a
record is a record regardless of the medium it is recorded on. Below is
the definition as indicated in the proposed legislation, the strikeouts
are items removed from the code with italics being items added to the
code. I would like to set up a mechanism by which we can come to an
agreement about the definition. If you are interested in this please
respond to the listserv. Thanks for your help and participation. Bob
"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.
Robert F. Nawrocki CRM
State Records Administrator
Library of Virginia
800 East Broad Street
Richmond, VA 23219
804.692.3505
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