HomeMy WebLinkAboutAgenda - 04-07-2015 - 6h1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 7, 2015
Action Agenda
Item No. 6 -h
SUBJECT: County Sheriff's Office — Records Retention and Disposition Schedule
DEPARTMENT: Orange County Sheriff's Office PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
UNDER SEPARATE COVER -ONLY
AVAILABLE ONLINE
Records Retention and Disposition
Schedule, dated November 10, 2008
http. / /orangecountync. gov/occlerks /1504
076h 1. ,adf
Records Retention and Disposition
Schedule Amendment, dated September
28, 2009
httD. / /oranecountync. -qov/occlerks /1504
076h2.12df
INFORMATION CONTACT:
Charles Blackwood, Orange County
Sheriff, 919.245.2900
Jennifer Galassi, Legal Advisor to
the Sheriff, 919.245.2952
PURPOSE: To approve the County Sheriff's Office Records Retention and Disposition
Schedule.
BACKGROUND: North Carolina General Statutes §§ 121 -5 and 132 -3 provide that the Orange
County Sheriff's Office may only destroy or dispose of public records with "the consent of the
Department of Cultural Resources, except as provided in G.S. 130A -99 ". Compliance with that
Statute would require the Orange County Sheriff's Office (the "Sheriff's Office) to obtain
permission to destroy any record, regardless of its significance. Destruction of a public record
that does not comply with the statute constitutes a Class 3 misdemeanor accompanied by a
fine.
To avoid the need to seek and obtain permission from the Department of Cultural Resources to
destroy records, the statute authorizes the North Carolina Historical Commission to make
orders, rules, and regulations to carry out its provisions. Destruction of public records in
accordance with these orders, rules, and regulations relieves the Sheriff's Office from liability. In
November 2008, the Department of Cultural Resources released the "County Sheriff's Office:
Records Retention and Disposition Schedule" (the "Schedule "). The Department of Cultural
Resources uses the Schedule as a tool to assist Sheriff's Offices to manage records. The
Schedule inventories the types of records found in a Sheriff's Office, and determines when they
can be destroyed if at all. The Schedule and a 2009 amendment are available at the links in the
"Attachments" section noted above — these documents are not included in hard copy with this
abstract and are available upon request.
The Sheriff's Office has not previously recommended approval of the Records Retention and
Disposition Schedule. However, the Schedule will serve as an agreement between the Sheriff's
Office and the Department of Cultural Resources. The Schedule will determine the disposition
schedule and retention periods that govern Sheriff's Office records. If the Board approves the
Schedule, Sheriff's Office staff will obtain training from the Department of Cultural Resources to
carry out the provisions of the Schedule. (Note: In November 2007, the Board approved a
"Records Retention and Disposition Schedule for the County. ")
FINANCIAL IMPACT: There will be no initial financial impact. The Department of Cultural
Resources training is offered free of charge and can be provided at the Sheriff's Office. As staff
work to comply with the Schedule, there may be some cost to ensure that long term storage of
documents is handled properly. Additionally, there may be costs associated with the destruction
or shredding of documents.
RECOMMENDATION(S): The Manager recommends that the Board approve the County
Sheriff's Office Records Retention and Disposition Schedule, dated November 10, 2008, and
any amendments thereto, including but not limited to an amendment made on September 28,
2009, and authorize the Chair to sign the Schedule documents /Agreement.