The Vermont Statutes Online

Title 3 : Executive

Chapter 005 : Secretary of State

Subchapter 001 : GENERAL PROVISIONS

• § 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 117(c) of this title. (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.)