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HomeMy WebLinkAboutAgenda - 02-16-2016 - 6-e - 2015 Update to County Sheriff’s Office Records Retention and Disposition Schedule 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 2016 Action Agenda Item No. 6-e SUBJECT: 2015 Update to County Sheriff's Office: Records Retention and Disposition Schedule DEPARTMENT: Orange County Sheriff's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: April 7, 2015 Agenda Abstract Item Charles Blackwood, Orange County Sheriff, 919.245.2900 Jennifer Galassi, Legal Advisor to UNDER SEPARATE COVER-ONLY the Sheriff, 919.245.2952 AVAILABLE ONLINE Records Retention and Disposition Schedule, dated November 15, 2015 http://archives.ncdcr.gov/Portals/26/PDF/ schedules/schedules revised/County S heriff 11-15-2015.pdf PURPOSE: To approve the updated County Sheriff's Office Records Retention and Disposition Schedule dated November 15, 2015. BACKGROUND: North Carolina General Statutes (NCGS) §§ 121-5 and 132-3 provide that the Orange County Sheriffs Office may only destroy or dispose of public records with "the consent of the Department of Cultural Resources [now the Department of Natural and Cultural Resources], except as provided in NCGS 130A-99." Compliance with that Statute would require the Orange County Sheriffs 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 Natural and 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 Sheriffs Office from liability. In November 2008, the Department of Cultural Resources released the "County Sheriffs Office: Records Retention and Disposition Schedule" (the "Schedule"). The Department of Natural and 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. On April 7, 2015, the Board of Commissioners approved the County Sheriff's Office: Records Retention and Disposition Schedule, dated November 10, 2008, and any amendments thereto, 2 including but not limited to an amendment made on September 28, 2009. The Schedule determines the disposition schedule and retention periods that govern Sheriff's Office records. The Schedule remains in effect from the date of approval until it is reviewed and updated. On November 15, 2015, the Department of Natural and Cultural Resources updated the Schedule. Some of the major updates to the Schedule include the following: • Addition of an item for mobile audio/video devices • Removal of the dashboard camera item • Splitting the weapons permits into two separate items: one for concealed weapons and one for handgun permits • Deleting several items that are covered by other standards to avoid clutter The Sheriff's Office recommends approval of the updated Schedule. FINANCIAL IMPACT: There will be no initial financial impact. As staff continues 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. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: • approve the County Sheriffs Office: Records Retention and Disposition Schedule, dated November 15, 2015 and any amendments thereto; and • authorize the Chair to sign the Schedule. 3 ORANGE COUNTY CopyBOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: ik j%%j 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): INFORMATION CONTACT: UNDER SEPARATE COVER-ONLY Charles Blackwood, Orange County AVAILABLE ONLINE Sheriff, 919.245.2900 Records Retention and Disposition Jennifer Galassi, Legal Advisor to Schedule, dated November 10, 2008 the Sheriff, 919.245.2952 12112,22.2122.2122Yatk2212,..g.2.W.Q.22.1.2.1LLif.24. 76h1,.p :f Records Retention and Disposition Schedule Amendment, dated September 28, 2009 hit . cr npec unt, nc.gov/occlerks/1504 6h ,,n f 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. 4 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.