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ABOUT THIS PUBLIC RECORDS SCHEDULE
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<br />This records schedule identifies, and provides retention and disposition instructions for many records that
<br />are produced and maintained in county administrative offices. These records are defined under Chapter
<br />132 ofthe General Statutes ofNorth Carolina as"public records." Chapter 121-$ mandates that these
<br />public records may be disposed of only in accordance with an official records retention schedule. Such
<br />schedules are written by the North Carolina Department of Cultural Resources in cooperation with the
<br />agency or governing body and include the officia! approval of these bodies, as required by law, for records
<br />disposition actions.
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<br />INTERNET ACCESS TO PUBLIC RECORDS INFORMATION. The Government Records Branch
<br />offers valuable information on the lnternet at i~ Web site, which may be accessed at
<br />http://www.ah.dcr, state.nc.us/sectians/archives/rec/default.htm. Local government agencies are
<br />encouraged to reference the site and its links to other data. The Web site offers much of the introductory
<br />information and many of the forms contained in this schedule, full text of O.S. §121 and §132, and contact
<br />information for the Government Rccurds Branch.
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<br />WHAT THE SCHEDULE IS. This records retention and disposition schedule supersedes and replaces a
<br />similar schedule for county administrative offices issued in 1991, which in turn superseded The County
<br />Recvrds Manual published in 1970. The schedule contains a listing and brief description of the records
<br />maintained in county administrative offices and identifies the minimum period of time each record series
<br />shall be i:etained. Records normally should be disposed of at the end of the stated retention period. In
<br />effect, the schedule provides a comprehensive records disposition plan which, when followed, ensures
<br />compliance with G.S. §121 and §132. All provisions of this schedule remain in effect until the schedule is
<br />officially amended. Errors and omissions do not invalidate this schedule as a whole or render it obsolete.
<br />As long as the schedule remaihs in effect, destruction or disposal of records in accordance wit~ its
<br />provisions shall be deemed to meet the provisions ofG. S. § 121-5Co) and be evidence of compliance of the
<br />law. However, in the event that a legal requirement, statute, local ordinance, or federal program
<br />requires that a record be kept longer than specified in this schedule, the longer retention period shall
<br />be applied. All questions concerning the legal requirements for retaining a record should be referred
<br />to the county attorney.
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<br />PUBLIC RECORDS DEFINED. Chapter '132-1 ofthe General Statutes ofNorth Carolina states:
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<br />"Public record" or "public records" shall mean all documents, papers, letters, maps,
<br />books, photographs, films, sound recordings, magnetic or other tapes, electronic.data-
<br />processing records, artifacts, or other documentary material, regardless of physical form
<br />or characteristics, made or received pursuant to law or ordinance in connection with the
<br />transaction or public business by any agency or North Carolina government or its
<br />subdivisions. Agency of North Carolina government or i~s subdivisions shall mean and
<br />include cwry public office, public officer or official (State or local, elected or appointed),
<br />institution, board, commission, bureau, council, department, authority or other unit of
<br />government of the state or of any county, unit, special district or other political
<br />subdivision of government.
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<br />NOT ALL PUBLIC RECORDS ARE OPEN TO THE PUBLIC. Public records belong to the people.
<br />However, not all official public records are open to the public. Many records are protected from general
<br />access or casual reference by federal or state laws, or by legal precedent and can be seen only by court
<br />order. Therefore, even though G.S. § 132-(~ and § 132-9 provide for public access to most records, certain
<br />records should be considered confidential in order to protect the privacy rights of agency personnel and the
<br />public. It is the responsibility of each records custodian to be familiar with G.S. § 1 $3A-98, agency policy,
<br />and all other pertinent state and federal legislation and regulations in order to ensure the pwper protection
<br />of restricted information. If in doubt, consult the Division of Archives and History or your agency's
<br />attorney.
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