Virginia Records Managers,
I have been alerted to a proposed change in the Virginia Public Records Act (VPRA), via House Bill # 1791, which impacts upon all of us. State localities as well as agencies will be impacted by this change. As a member of VAGARA, and the Records Manager at Virginia Tech, I believe I should bring this your attention, and hopefully action. I have reviewed the proposed VPRA changes and am asking you to do the same and to provide the Library and your House Delegate your assessment on these changes, as I have herein:

My primary concern in the proposed VPRA is the lack of  Audit, IT,  and Legal input to the Library Board Duties/Powers, as well as expertise with State Locality's records programs, which is not currently possessed within the State Library. I'd like to see the VPRA require a State Records Advisory Council be formed with membership consisting of, at minimum, four persons with the expertise to which I have just referred, namely: audit; legal; IT ;and State Locality records experience ( hopefully 2-3 years worth) to serve as an advisory committee to the Library Board.

There are three other changes, as well as two omissions, in the re-write, which I do not consider minor, and which disturb me:

1. We should rethink deleting the large number of "definitions", which may be readily apparent to those of us in the business, but may offer needed insight to our business by readers who are not from within the records community. We might even want to think about increasing the definitions to make our business more friendly to the General Public readers of this Bill.

I'm most disturbed about deleting references to "electronic" records and the expanded description of the medium discussed in the definition of "Public Record". One of my most important messages to the university community is to get them to understand the breadth of the records issues, particularly those in electronic and other-than paper, hard copy formats. You see, most people still want to mentally limit all records definitions to the paper form. Modern technology and innovation, including such things as electronic and digital signatures, disappearing ink software, and document encryption systems, continue to play the greatest impact on defining the scope of our business. They will even more so, into the future. The VPRA should recognize this reality and include new terminology and technology and their impacts, rather than delete reference to them.

2. In paragraph 3 under the duties/powers of the Library Board, the proposed deletion of the words "administrative, legal, fiscal, or historical" leaves a sentence making no sense to me: Once a record is determined to be of archival value, what could possibly happen to make it no longer so?

3. Under 42.1-83 the deletion of reference to the Library's microfilm services is understandable given current budget and staffing restrictions but rather than eliminate this support which most of us throughout the state would like to see reinstated, why not leave it with a caveat in hopes that it is a service which be eventually be restored. SUGGESTION: Simply add between the fifth and sixth words of the paragraph the words "as equipment and staffing budgets permit, ". Sentence would then read: The State Library Board shall, as equipment and staffing budgets permit, formulate and execute a program to inventory, schedule, and microfilm official records---etc.---etc....etc." Also, by deletion of the first paragraph, it makes no sense to me, in the following paragraph to state that Microfilm will be stored at the Library once you delete the first paragraph.

4. I also see no reference to responsibilities of the State Library to provide the records management training critical to the success of our business. I think the VPRA should so designate these responsibilities.

5. Finally, I'd like to see the Library Board, with my recommended Advisory Council input, create and promulgate a formal State Records Policy from which all State agencies and State localities can draw to create there own.

This e-mail is not an effort to ask for your agreement with my input above. My purpose in writing is to encourage you to make your thoughts known to the Library Board and to your respective Delegates. I think you will agree, the final content of  Bill #1791 will affect each and every one of us.

Jerry Palmer
University Records Manager  (0522)
Virginia Tech
(540) 231-8320