LEGAL REQUIREMENTS
Right to Know Database
Vermont Statutes Annotated
Agency of Administration Bulletins
Federal Code of Regulations
United States Code
All public agencies are responsible for complying with Federal and state laws that prescribe the creation, use, management, and retention of government records and information; laws are often complex and subject to change. The Vermont State Archives' Targeted Assistance Program (TAP) assists agencies and departments in meeting legal and accountability requirements, keeping current with legislative changes, and creating records retention and disposition policies (also know as records schedules) that are justified and defensible if challenged.
Federal and state laws affecting public records and information are generally identified through an analysis of agency functions. Vermont records laws and requirements that affect all public agencies are outlined in:
- The Constitution of the State of Vermont, Chapter 1, Article 6
- That all power being originally inherent in and co[n]sequently derived from the people, therefore, all officers of government, whether legislative or executive, are their trustees and servants; and at all times, in a legal way, accountable to them.
- 1 V.S.A. Subchapter 3: Access to Public Records (§§315-320)
- It is the policy of this subchapter to provide for free and open examination of records consistent with Chapter I, of the Vermont Constitution. Officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and criticize their decisions even though such examination may cause inconvenience or embarrassment. All people, however, have a right to privacy in their personal and economic pursuits, which ought to be protected unless specific information is needed to review the action of a governmental officer. Consistent with these principles, the general assembly hereby declares that certain public records shall be made available to any person as hereinafter provided. To that end, the provisions of this subchapter shall be liberally construed with the view towards carrying out the above declaration of public policy.
- 3 V.S.A. §117
- There is created within the office of the secretary of state the division of Vermont state archives which is charged with administering and implementing an archival management program for state government in accordance with professional archival practice and principles which shall be styled "the state archives program." The secretary shall have legal custody of the state's archival records.
- 3 V.S.A. §218(b)
- The head of each state agency or department shall establish, maintain, and implement an active and continuing program approved by the commissioner of buildings and general services with respect to public records, and the secretary of state with respect to archival records, for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.
- 22 V.S.A. §454
- (a) A custodian of public records shall not destroy, give away, sell, discard or damage any record or records in his or her charge, unless specifically so authorized by law, without having first submitted to the commissioner of buildings and general services a list thereof, with accurate description.
- (b) Within sixty days after receipt of the list and description, with an application for permission to destroy, cancel or dispose of the records, the commissioner of buildings and general services with the prior advice of the public records advisory board shall order the preservation, destruction, cancellation, or disposal thereof, in whole or in part, which order shall be duly recorded by the custodian, and shall be binding on him or her and his or her successors.
Though 3 V.S.A. §218 requirements apply to executive agency and departments, the broader definitions of "public agency" and "public record" found in 1 V.S.A. §317 and the general right to know requirements of Chapter 5 in Title 1 make it clear that all government entities have a responsibility to manage their records and information.
To learn more about Managing Records, CONTACT:
- TANYA MARSHALL, Assistant State Archivist
- EMAIL:
- PHONE: 802-828-0405
