Bob, Please include me as a volunteer to any group formed on the
continuing changes to the VPRA. I welcome the challenge and will make
every effort to be available. We all have an obligation to make our
records policies, procedures, and laws as good as possible, for the good
of the Commonwealth.
Jerry Palmer
University Records Manager
Virginia Tech (0522)
600 Country Club Blvd.
Blacksburg, VA 24061
(540) 231-8320 ; Fax 1-6991
Common sense is instinct, and enough of it is genius.
-----Original Message-----
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.
_____
From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of Palmer, Gerald
Sent: Wednesday, January 19, 2005 9:25 AM
To: [log in to unmask]
Subject: Meeting with Del. Cox Today on HB 1791
Bob,
Sorry for the delay in getting back to you yesterday. I have
two employees, both out with the flu, so needless to say, the one-man
band was hustling yesterday in the VT Records Office.
I am assuming from Mark's e-mail, that you were attempting to
notify me of the meeting today. I really appreciate that.
Unfortunately, I can't make it, but I have heard from nearly a dozen
RMs around the state on this matter, so I am sure someone will get over
there to discuss the HB 1791.
I really hope you encourage it's withdrawal at this time for
two reasons: first, it needs refined before it is subject to legislative
action and I know once enacted, it would be even harder to change, and
second, as you so aptly pointed out the, " real work will be in the
second year of our study, when the focus groups will help us flesh out
the changes to the VPRA.", I see no reason to NOT wait until then to use
the expertise amongst state records professionals to produce a
meaningful, adequately revised VPRA.
Looking forward to hearing the results of today's meeting from
you and hopefully an opportunity, along with other state RMs, to make
formal input to changes which are definitely needed in the VRPA.
Jerry Palmer
University Records Manager
Virginia Tech (0522)
600 Country Club Blvd.
Blacksburg, VA 24061
(540) 231-8320 ; Fax 1-6991
Common sense is instinct, and enough of it is genius.
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