3 V.S.A. § 218 Agency/department records management program

(a) 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 for the effective management, preservation and disposition of records for which that head is responsible.

(b) For an agency or department records program to be approved by the commissioner of buildings and general services the head of each state agency or department shall:

(1) establish and maintain an accurate inventory of all records;

(2) develop justifiable retention periods for all records;

(3) dispose promptly of those records authorized for destruction by the department of buildings and general services of the agency of administration;

(4) establish and maintain accurate records indicating the identity and quantity of all records destroyed, the savings in space and equipment, and any money savings resulting from the disposal of such records;

(5) establish and maintain other records related to management of the agency's or department's records as required by the director of public records;

(6) provide for furnishing to the division of public records, such special reports regarding the records of the agency or department as the department of buildings and general services may deem necessary;

(7) process, store and preserve records kept by the agency or department in an efficient and economical manner;

(8) where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records; and

(9) maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction.

(c) The head of each state agency or department shall designate a member of his staff as the records officer for his agency or department and shall notify the department of buildings and general services in writing of the name and title of the person designated.

22 V.S.A. § 454. Disposition of public records

 (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.

(c) Before approving a request for the destruction of any public record, the commissioner of buildings and general services, or the custodian of the record if the commissioner approves, may make photographic or electronically captured copies of it and copies so made shall have the same force and effect for all purposes as the original record. statutes concerning the retention of original materials shall be considered satisfied and no violation incurred when public records are officially microfilmed or electronically captured and stored and the original material destroyed pursuant to sections 453 and 457 of this title.

22 V.S.A. § 455. Penalties

A person who willfully destroys, gives away, sells, discards or damages the public records referred to in section 454 of this title, without having authority so to do, shall be fined at least $50.00 but not more than $1,000.00 for each offense.

22 V.S.A. § 456. Public records advisory board; composition

The public records advisory board shall consist of the secretary of state, director of the Vermont historical society, the auditor of accounts or their designees, and two members appointed by the governor to represent municipal or public interests for terms of two years each. The secretary of state shall be the chairman of the board.

22 V.S.A. § 457. Duties of board

The public records advisory board shall advise the commissioner of buildings and general services concerning the preservation and disposal of public records and shall give prior advice to the commissioner with regard to his orders to custodians of public records for the preservation, destruction, cancellation, or disposal thereof.