RELATES TO:

KRS Chapter 171

STATUTORY AUTHORITY:

KRS 171.450

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 171.450 requires the department to promulgateprescribe administrative regulations governing the procedures for retention scheduling of public records, disposal of public records, and for the transfer of public records to the State Archives orand Records Centers. This administrative regulation establishesis to assure uniformity and continuity with regard to public recordsin these procedures.

1. Section 1. Each constitutional, statutory, and executive authority of state and local government shall designate a member of the staff as records officer, whose duty shall be to represent thathis unit of government in its relations with the Archives and Records Management DivisionDivision of Archives and Records.

2. Section 2. Duties and responsibilities of each records officer shall be as established in subsection (1) of this section.are as follows:

   1. (1) The records officerHe shall assist the Archives and Records Management DivisionDivision of Archives and Records in inventorying, analyzing, and scheduling disposition of records of the records officer'shis unit of government, or in any manner as approved by the agency head thatas couldmay tend to establish an efficient system of records management.
   2. (2) The records officerHe shall keep a record of the destruction of public records, noting the authorization for said destruction and the amount and date span of records destroyed. He shall make an annual report of this record to a designated superior and to the Director of the Public Records Division.
3. Section 3. The records officer shall keep a record of the transfer of public records to the State Archives and Records Centers, including the records transferred, date of transfer, and location in the State Archives and Records Centers.

4. Section 4.Section 3.

   1. (1) A state or local agency shall not destroy any original records after the records are microfilmed, digitized, duplicated, or reformatted without written approvalNo original documents may be destroyed by any political unit of state or local government after being microfilmed or otherwise duplicated without written approval of the Department for Libraries and Archives, as established in the Destruction of Public Records: A Procedural Guide.
   2. (2) The records officerHe shall keep a record of the destruction of public records, noting the authorization for said destruction and the amount of records destroyed. The records officerHe shall make an annual report of this record to a designated superior and to the State ArchivistDirector of the Public Records Division.

5. Section 5. Incorporation by Reference.

   1. (1) "Destruction of Public Records: A Procedural Guide", November 2021, is incorporated by reference.
   2. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m.

History

(2 Ky.R. 535; eff. 7-7-1976; 48 Ky.R. 556, 2213; eff. 5-3-2022.)

FILED WITH LRC: January 10, 2022

CONTACT PERSON: Terry Manuel, Commissioner, Kentucky Department for Libraries and Archives, 300 Coffee Tree Road, Frankfort, Kentucky 40601. phone 502-564-8303. fax 502-564-5773, email Terry.Manuel@ky.gov.