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:
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;
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
(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
(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.