Title 38
Public Records

Chapter 3
Public Records Administration

§ 38-3-4. Duties of administrator.

It shall be the duty and responsibility of the administrator to:

(1) Establish and administer a public records management program, for public bodies which shall be primarily responsible for assisting state agencies and cities and towns with the care and management of public records, including the operation of a record center or centers, and apply efficient and economical management methods relating to the creation, utilization, retention, preservation, and disposal of records or the transfer of permanent records to the state archives;

(2) Establish and administer a local government records program which shall be primarily responsible for assisting cities and towns with the care and management of their public records. The program shall be charged with designing and implementing a training program for local government records keepers; publishing retention schedules for the proper disposition of public records in local governments; and providing technical and advisory assistance in the storage, preservation, and ongoing maintenance of the records of local governments;

(3) Analyze, develop, establish, and coordinate standards, procedures, and techniques of record making and record keeping to ensure the access, security, and preservation of public records;

(4) Institute and maintain a training and information program including, but not limited to, the publication of educational materials on all phases of records management to bring to the attention of all agencies approved and current practices, methods, procedures, and devices for the efficient and economical management of records;

(5) Make continuous surveys of record keeping operations, to examine the condition of public records and recommend improvements to public officials in current records management practices, space, equipment, supplies, and personnel in creating, maintaining, and making available the public records in their custody;

(6) Establish and maintain a program, in cooperation with each agency, for the selection and protection of public records considered essential to the operation of government and to the protection of the rights and privileges of citizens;

(7) Create forms for records management processes and the development of the required records control schedules submitted by an agency to the program;

(8) Create, analyze, and uphold records control schedules of public records in the custody of state and local agencies;

(9) Establish safeguards against unauthorized or unlawful removal or loss of records;

(10) Initiate appropriate action to recover records removed unlawfully or without authorization;

(11) Preserve and administer such public records as shall be transferred to the state archives according to approved conservation and security practices, and to permit them to be inspected, examined, and copied at reasonable times and under supervision of the program; provided that, any record placed in keeping of the program under special terms or conditions restricting their use shall be made available only in accordance with the provisions of § 38-2-2;

(12) Provide a public research room where, upon policies established by the program, the records in the state archives may be studied;

(13) Make certified copies under seal of any records transferred to it upon the application of any person, and sign the certificates which shall have the same force and effect as if made by the agency from which the records were received. The program may charge a reasonable fee for this service;

(14) Assist agencies in identifying, securing, and transferring records of permanent legal, historical or enduring value to the state archives;

(15) Approve emergency destruction of public records which were damaged due to catastrophic, environmental, or otherwise unforeseen circumstances and pose a risk to human health, but have not met their established retention;

(16) Submit a yearly report on the progress of the local government records program to the general officers and to the general assembly;

(17) Request funding for the public records administration program in accordance with § 38-3-3 and for the local government records program pursuant to § 42-8.1-20(e) as part of the operating budget of the office of secretary of state to operate the program;

(18) Render all services required by the program herein set forth that can advantageously and effectively be centralized;

(19) Facilitate the transfer of permanent records of any state or local agency, elected official, or of the general assembly to the state archives for permanent preservation and public access; and

(20) Perform such other functions and duties as the secretary may direct.