Conley:

I see that SB461 has passed and been enrolled as law, thus creating
multiple retention issues for localities.  I note that section "B" of
the law now states that we MUST destroy records within six months of the
expired retention period "in accordance with the provisions of this
chapter."  I also note that the provisions include the statement
"authorized to be destroyed or discarded in accordance with subsection
A." Like many others, we are in the process of updating our Department
retention schedule and have determined some records series require a
longer retention period than established by the general schedules due to
business need (Administrative Value).  What is the process for
"renegotiation of the relevant schedule" as stated in subsection "A" of
the enrolled bill?  Would we use this process to receive approval for
our longer retention periods based on Administrative Value?  If not,
what process shall we use?

Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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-----Original Message-----
From: Jan Hathcock [mailto:[log in to unmask]] 
Sent: Friday, February 24, 2006 11:31 AM
To: Jones, Virginia
Cc: Conley Edwards
Subject: Senate Bill 461

Ginny:

Thank you for your inquiry about Senate Bill 461. A subscriber to the
list sent your message to me since Conley Edwards and I have been
working on this legislation. Since I am not a member of your list can
you post my reply to the group? Thank you.

In our discussions with members of the General Assembly and the Attorney
General's Office we have repeatedly emphasized the complexity of the
issues of the retention and destruction of public records. We also
pointed out that the study commission on the Virginia Public Records Act
was unable to reach consensus on this issue. Both HB959 and SB461 were
part of the Attorney General's legislative package.

Conley Edwards is out of the office until Monday. He has been working
with Senator Davis, Delegate Cox, the Attorney General's Office and the
lobbyist for the Circuit Court Clerks on this legislation. Several
changes to this legislation were considered. Hopefully, the reporting
requirement will give us an opportunity to again highlight concerns and
problems with this legislation as it relates not only to the Library of
Virginia but to state and local agencies.

I am certain that Conley will get in touch with you upon his return with
his thoughts as to how the Library will address this legislation.

Jan Hathcock
Library of Virginia
800 East Broad Street
Richmond, VA 23219-8000
804-692-3592 

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