§ 117. Vermont State Archives and Records Administration
(a) As used in this chapter:
(1) “Records and information management” means the efficient and systematic control of
the creation, receipt, maintenance, use, and disposition of public records, including
the processes for capturing and maintaining evidence of, and information about, public
agency business activities and transactions in the form of public records.
(2) “Archives” or “archival records” means public records that have continuing legal,
administrative, or informational value.
(3) “Appraisal” means the identification, classification, and analysis of all public records,
regardless of physical form or characteristics, to determine their value and ultimate
disposition, based upon their legal, administrative, or informational value.
(4) “Public record” or “public document” has the same meaning as set forth in 1 V.S.A. § 317.
(5) “Public agency” has the same meaning as set forth in 1 V.S.A. § 317.
(6) “Record schedule” means a policy issued by the Vermont State Archives and Records
Administration and approved by the State Archivist governing the life cycle management,
retention, and disposition of public records.
(b) There is created within the Office of the Secretary of State the Vermont State Archives
and Records Administration, which is charged with administering a Statewide Records
and Information Management Program for all public agencies in accordance with generally
accepted record-keeping principles and industry standards and best practices.
(c) Services of the Statewide Records and Information Management Program shall include:
(1) providing assistance to public agencies in establishing, maintaining, and implementing
active and continuing internal records and information management programs for the
effective management of records produced or acquired in the course of public agency
business;
(2) ensuring that low-cost, secure repositories and systems for public records, regardless
of format, are available at an enterprise or statewide level and managed and operated
in a manner that supports compliance with generally accepted record-keeping principles,
industry standards, best practices, the Public Records Act, this section, and, where
applicable, section 218 of this title;
(3) developing, issuing, and maintaining statewide records and information management
standards and information governance frameworks;
(4) performing formal appraisals of public records and issuing record schedules accordingly;
(5) operating a Records Center to hold inactive analog State public records in accordance
with record schedules;
(6) accepting land records submitted on microfilm by municipal and county clerks for storage
in the Records Center;
(7) taking legal custody of State archival records, regardless of format, in accordance
with record schedules; and
(8) arranging, describing, and preserving archival records in accordance with archival
principles and best practices, and promoting their use by government officials and
the public.
(d) The State Archivist may appoint an advisory committee to provide assistance and support
for the State Archives and Records Administration.
(e) The Secretary may adopt rules consistent with this section.
(f) There shall be the Director of the Vermont State Archives and Records Administration
who shall have the title of “State Archivist,” who shall be qualified by education
and professional experience to perform the duties of the position, and who shall simultaneously
serve as Chief Records Officer. The State Archivist shall be a classified position
within the Office of the Secretary of State.
(g) In fulfilling the duties as Director of the Vermont State Archives and Records Administration,
the State Archivist shall:
(1) issue policies, standards, guidelines, and procedures necessary to carry out the provisions
of this section;
(2) administer and maintain the Statewide Records and Information Management Program for
the efficient and systematic control of public records;
(3) approve record schedules governing the life cycle management, retention, and disposition
of public records;
(4) receive grants, gifts, aid, or assistance, of any kind, from any source, public or
private, for the purpose of managing, preserving, or promoting public records; and
(5) serve as chair of the Vermont Historical Records Advisory Board pursuant to 36 C.F.R. part 1206 for the purposes of improving public access to, and engagement with, Vermont historical
records and encouraging and facilitating collaborative efforts among Vermont historical
records repositories.
(h) [Repealed.]
(i) [Repealed.]
(j) [Repealed.]
(k) There is hereby created the Public Records Special Fund. The Fund shall be administered
as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. The purpose of the Fund is to support improved management of public
records by State agencies. The Fund shall consist of receipts from other government
agencies for the provision of Records and Information Management Program services
by the Vermont State Archives and Records Administration in the Office of the Secretary
of State. The Fund shall be available to the Office of the Secretary of State and
shall be expended for the purposes of activities authorized by subsection (c) of this
section. (Added 1973, No. 32, § 1 eff. March 28, 1973; amended 1989, No. 186 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3, § 1; 2007, No. 96 (Adj. Sess.), § 3; 2009, No. 91 (Adj. Sess.), § 2, eff. May 6, 2010; 2011, No. 139 (Adj. Sess.), § 2, eff. May 14, 2012; 2013, No. 1, § 77; 2017, No. 74, § 142; 2017, No. 100 (Adj. Sess.), § 1; 2019, No. 14, § 2, eff. April 30, 2019.)