I would like to reintegrate the four comments herein which were presented by Jerome Kendall, Records Administrator for Chesterfield County in his e-mail of 10/06/05. All of the points he makes should strengthen the revised Act with regards to electronic records, and should be addressed in the revision, so it will more accurately reflect current needs for proper handling of electronic records.
1. Penalties for non-compliance with the VPRA need to be determined and codified.
2. Creation of an oversight committee composed of representatives from public records administrators or managers in the Commonwealth, from the Attorney General's Office, from the state's Information Technology area, and from the state's Audit area to provide input on LVA decisions, particularly as they relate to retention.
3. Codifying that a process must be in place for ensuring that "destruction hold orders" are transmitted in timely fashion to the appropriate records custodian.
4. Selected miscellaneous points that are by and large familiar to persons in the records management profession, but which may not be so apparent to the average citizen facing records management issues; for example, that electronic documents and e-mails may not be deleted en masse by IT departments without prior checking - by knowledgeable persons - the record value of those electronic files.
Jerry Palmer
Virginia Tech
University Records Manager
600 Country Club Blvd.
Blacksburg, VA 24061
540-231-8320 Fax 1-6991
> -----Original Message-----
> From: Virginia Records Officer's Listserv
> [mailto:[log in to unmask]] On Behalf Of Conley Edwards
> Sent: Tuesday, October 04, 2005 3:23 PM
> To: [log in to unmask]
> Subject: FW: Notice from the House of Delegates
>
>
>
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]]
> Sent: Tuesday, October 04, 2005 1:02 PM
> Subject: Notice from the House of Delegates
>
>
>
>
>
> COMMONWEALTH OF VIRGINIA
>
> HOUSE OF DELEGATES
>
> OFFICE OF THE CLERK
>
> RICHMOND
>
>
>
>
>
>
> 10/04/2005
>
>
>
>
>
>
>
>
> MEETING REMINDER AND ENCLOSURE
>
>
>
>
>
>
> TO: Joint Subcommittee Studying the Public Records
> Act - (HJR 6)
>
>
>
>
> FROM: Lori L. Maynard, House Committee Operations
>
>
>
>
>
> RE: Meeting Reminder and Enclosure
>
>
>
>
>
>
>
>
>
> This is a reminder of the Joint Subcommittee Studying the
> Public Records Act
> meeting on:
>
>
>
> Friday, October 7, 2005
>
> House Room C
>
> General Assembly Building
>
> 2:00 p.m.
>
>
>
> Also, there will be a 9:30 a.m. workgroup meeting in the
> 6th Floor Speaker's
> Conference Room before the full committee meeting at 2:00
> p.m.
>
>
> Please see enclosed amendments to the State Publications
> Depository Program
> that were approved at the last meeting and will be
> discussed at the meeting on
> Friday.
>
>
>
>
>
>
>
> Should you have any questions regarding the meeting agenda
> or amendments,
> please contact Lisa Wallmeyer in the Division of
> Legislative Services at (804)
> 786-3591. If you are unable to attend this meeting or have
> questions
> regarding scheduling, please contact our office at (804)
> 698-1540.
>
>
>
>
>
>
>
>
> Members:
>
>
>
>
>
> The Honorable M. Kirkland Cox
>
> The Honorable Kenneth C. Alexander
>
> The Honorable Ryan T. McDougle
>
> The Honorable Thomas C. Wright, Jr.
>
> The Honorable J. Brandon Bell, II
>
> The Honorable R. Edward Houck
>
> Rosanna L. Bencoach
>
> Frank D. Hargrove, Jr.
>
> Valerie Jean Mayo
>
> Conley Edwards
>
> William E. Wilson
>
>
>
>
>
> **Amendments**
>
>
> A BILL to amend and reenact § 2.2-609 of the Code of
> Virginia, to amend the Code of Virginia by adding in Title
> 42.1 a chapter numbered 8, consisting of sections numbered
> 42.1-92 through 42.1-97, and to repeal §§ 42.1-17 and 42.1-19
> through 42.1-19.4 of the Code of Virginia, relating to the
> State Publications Depository Program. Be it enacted by the
> General Assembly of Virginia: 1. That § 2.2-609 of the Code
> of Virginia is amended and reenacted and that the Code of
> Virginia is amended by adding in Title 42.1 a chapter
> numbered 8, consisting of sections numbered 42.1-92 through
> 42.1-97 as follows: § 2.2-609. Copies of state publications
> furnished to Librarian of Virginia.
> A. Pursuant to the State Publications Depository Program (§
> 42.1-92 et seq.),Every every agency, institution, collegial
> body, or other state governmental entity of any branch of
> government shall furnish such number of a maximum of 20
> copies as may be designated by the Librarian of Virginia of
> each of its publications, as defined in § 42.1-93, at the
> time of issue to or, if authorized by The Library, of
> Virginia other publication information as may be designated
> by the Library to facilitate the acquisition and distribution
> of publications, regardless of physical form or
> characteristics for its collection and copies sufficient for
> the depository system and for exchange purposes, not
> exceeding 20 copies.
> B. Every agency, institution, collegial body, or other state
> governmental entity of any branch of government shall provide
> information requested by the Library to assist in the
> publication of an annual catalog of state agency publications
> as required by § 42.1-95 of the State Publications Depository
> Program. C. For purposes of this section, "Library" means The
> Library of Virginia. CHAPTER 8. State Publications Depository
> Program. 42.1-92. Short title; policy. A. This chapter may be
> cited as the "State Publications Depository Program." B. By
> enacting this chapter, the General Assembly recognizes that
> an informed citizenry is indispensable to the proper
> functioning of a democratic society. In order to remain
> informed, citizens must know about the activities of their
> government and benefit from information developed at public
> expense. Through the administration of the State Publications
> Depository Program, citizens will be ensured continued access
> to state publications, regardless of geographical location in
> the Commonwealth. This chapter shall be enacted to ensure
> that The Library of Virginia, as the official repository of
> state publications for the Commonwealth, is able to provide
> continued access to all state government publications,
> regardless of physical form or characteristics, and to
> prescribe conditions for the collection and preservation of
> state publications throughout the Commonwealth. Nothing in
> this chapter shall be construed to alter or diminish the
> responsibilities of public bodies with respect to public
> records under the Virginia Freedom of Information Act (§
> 2.2-3700 et seq.) or the Virginia Public Records Act (§
> 42.1-76 et seq.). 42.1-93. Definitions. As used in this
> chapter: "State agency" means every agency, institution,
> collegial body, or other state governmental entity of any
> branch of government. "Local or regional agency" means all
> political subdivisions, including counties, cities, and
> towns, and other governmental agencies in the Commonwealth,
> other than state agencies. "Publication" means all documents,
> regardless of physical form or characteristics and issued by
> or for a state, local, or regional agency, in full or in part
> at government expense, that are created for the research or
> informational use of the public. "Publication" shall not
> include documents that are developed solely for the agency's
> administrative and internal operations. 42.1-94. Duties of
> Librarian of Virginia; agencies to cooperate. A. The Library
> of Virginia shall establish and administer the State
> Publications Depository Program for the collection and
> dissemination of publications to the libraries designated by
> The Library of Virginia as depository libraries, consistent
> with the rules, regulations, or standards promulgated by the
> State Library Board, which shall include guidance in
> determining which documents are publications for purposes of
> the State Publications Depository Program. B. Pursuant to §
> 2.2-609, state agencies shall furnish or otherwise make
> available publications or publication information designated
> by The Library of Virginia in the administration of the State
> Publications Depository Program.
> C. Upon request, local and regional agencies shall provide to
> The Library of Virginia, free of charge, copies of
> specifically requested publications. The number of copies
> required for each requested printed publication shall not
> exceed two copies.
> 42.1-95. Catalog.
> A. The Librarian of Virginia shall prepare, publish, and make
> available annually a catalog of publications produced by
> state agencies. Each such publication shall be indexed by
> subject, author, issuing agency, and the format of the
> publication. The date of publication of each listed
> publication shall be noted in the catalog. To the extent such
> information is available, the catalog shall set forth the
> price charged, if any, of each publication and how and where
> the same may be obtained. B. Pursuant to § 2.2-609, state
> agencies shall provide information requested by The Library
> of Virginia to assist in the preparation of the catalog.
> 42.1-96. Distribution of catalog. The catalog shall be made
> available without cost to persons indicating a continued
> interest in such catalog. Copies sent out of state shall be
> on an exchange basis or at a price sufficient to equal the
> unit cost of printing and mailing; complimentary copies may
> be made available by the Librarian of Virginia. A copy of the
> catalog shall be available at the libraries designated by The
> Library of Virginia as depository libraries for public
> inspection and use. 42.1-97. Annual report. The Librarian of
> Virginia shall report annually to the Governor and the
> chairmen of the House and Senate Committees on General Laws
> and the House Appropriations and Senate Finance Committees of
> the General Assembly, indicating which, if any, state
> agencies did not furnish or otherwise make available copies
> of their publications or other information required under
> this chapter, and which, if any, local or regional agencies
> did not provide access to publications upon request. Such
> report shall be filed no later than November 1 of each year.
> 2. That §§ 42.1-17 and 42.1-19 through 42.1-19.4 of the Code
> of Virginia are repealed.
>
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