Greetings VA-ROL Members,
In 2005 the Virginia Public Records Act was amended to include the language in
§ 42.1-86.1. Disposition of public records paragraph A, [edited] “No agency shall destroy or discard a public record unless… (iii) there is no… renegotiation of the relevant records
retention and disposition schedule pending at the expiration of the retention period for the applicable records series.” While the Records Analysis Section has not actively promoted this particular portion of the Act heretofore, this has recently hit our
radar from more than one direction, and we believe there is a need to help elevate awareness.
As of this morning, the web pages that host the general records retention and disposition schedules for both state agencies and localities will reflect which respective schedules are under review. This also applies to records covered by
state agency-specific schedules under review. Those schedule pages may be accessed
here.
How each government entity applies this Code section is, like every other Code section, up to each office. We encourage you to comply with the Code, and, if asked, will offer no other advice than that.
We understand that this will put the destruction plans that some have in place on hold until the schedule updates are complete, and we will endeavor, with your help and assistance in reviewing the schedules, to complete the update of each
schedule under review as efficiently as possible.
Thank you,
Records Analysis Section
Library of Virginia
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