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MANAGING PUBLIC RECORDS IN NORTH CAROLINA Q. What is this "records retention and disposition schedule"? A. This document is a tool for the employees of county sheriff offices across the state to use when managing the records in their offices. It lists records commonly found in county sheriff offices, and gives an assessment of their value by indicating when (and if) those records should be destroyed. This schedule is also an agreement between your county and the Department of Cultural Resources. This schedule serves as the inventory and schedule that the Department of Cultural Resources is directed by G.S. §121-5 (c) and G.S. §132-8 to provide. It supersedes all previous editions, including all amendments. Q. Why do I need this schedule? A. According to G.S. §121-5 and G.S. §132-3, you may only destroy public records with the consent of the Department of Cultural Resources. This schedule is the primary way DCR gives its consent. Without approving this schedule, your agency is obligated to obtain permission to destroy any record, no matter how insignificant. Q. How do I get it approved? A. The County Sheriff and the County Board of Commissioners must approve this schedule for use by your agency. That approval should be made in a regular meeting and recorded as an action in the minutes. It may be done as part of the consent agenda, by resolution, or other action. Q. Do I have to have all of the records listed on this schedule? A. No. This is not a list of records you must have in your office. Q. I can't find some of my records on this schedule. A. Call the Records Management Analyst assigned to your county. We will work with you to amend this records schedule so that you may destroy records appropriately. Q. What are public records? A. The General Statutes of North Carolina, Chapter §132, provides this defmition of public records: "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data- processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government. Q. Can anyone see my records? A. Yes, except as restricted by specific provisions in state or federal law. G.S. §132-6 instructs: "Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as maybe prescribed by law.... No person requesting to inspect and examine public records, or to obtain copies thereof, shall be required to disclose the purpose or motive for the request." Q. What about my confidential records? A. Not all government records are open to public inspection. Exceptions to the access requirements in G.S. §132- 6 and the definition of public records in G.S. §132-1 are found throughout the General Statutes. You must be able to cite a specific provision in the General Statutes or federal law when you restrict or deny access to a particular record. iii Attachment number 1 F-12 Page 244 of 627