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Understanding
Records Management: Kentucky Law
What
are public records?
Public records are defined by Kentucky statute
(KRS 171.410 (1) as "all books, papers, maps,
photographs, cards, tapes, disks, diskettes, recordings
and other documentary materials, regardless of
physical form or characteristics, which are prepared,
owned, used, in the possession of or retained
by a public agency." |
Records
management is the systematic control of recorded information,
regardless of format, from original creation to ultimate
disposition. "Disposition" refers to what
is done with records when they are no longer needed
for current business. Every office creates records,
whether in paper, film, electronic record, or some other
format. These records can be a burden to maintain. Disposition
possibilities include transferring records from one
agency to another when functions are officially transferred,
transferring records to the State Records Center, destroying
temporary records at an approved time, or transferring
records of continuing value to the State Archives or
other approved archival facility, when they have been
deemed worthy of preservation.
Records
management helps an organization decide which ones to
keep and which ones to destroy. It helps an organization
make sure it is creating and maintaining an adequate
documentary record of its functions, policies, decisions,
procedures, and essential transactions. It permits the
identification and proper control of records of continuing,
or archival, value. It can give an organization the
economy and efficiency it needs to operate effectively.
It strives to provide the right information to the right
person, at the right time, at the lowest possible cost.
If you work in a publicly funded agency, you need a
records management program.
KRS
171.450
Department procedures and regulations.
- The department shall establish:
(a) Procedures for the compilation and submission
to the department of lists and
schedules of public records proposed for disposal;
(b) Procedures for the disposal or destruction of
public records authorized for
disposal or destruction;
(c) Standards and procedures for recording, managing,
and preserving public
records and for the reproduction of public records
by photographic or
microphotographic process;
(d) Procedures for collection and distribution by
the central depository of all
reports and publications, except the Kentucky Revised
Statutes editions, issued
by any department, board, commission, officer or other
agency of the
Commonwealth for general public distribution after
July 1, 1958.
- The department shall enforce the provisions of
KRS 171.410 to 171.740 by
appropriate rules and regulations.
- The department shall make copies of such rules
and regulations available to all
officials affected by KRS 171.410 to 171.740 subject
to the provisions of KRS
Chapter 13A.
- Such rules and regulations when approved by the
department shall be binding on all
state and local agencies, subject to the provisions
of KRS Chapter 13A. The
department shall perform any acts deemed necessary,
legal and proper to carry out
the duties and responsibilities imposed upon it pursuant
to the authority granted
herein.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 353, sec. 1, effective
July 13, 1984. -- Amended 1982 Ky. Acts ch. 245, sec.
4, effective July 15, 1982. -- Amended 1970 Ky. Acts
ch. 92, sec. 34. -- Created 1958 Ky. Acts ch. 49, sec.
5.
Legislative Research Commission Note (10/5/90). Pursuant
to KRS 7.136(1), KRS Chapter 13A has been substituted
for the prior reference to KRS Chapter 13 in this
statute. The sections in KRS Chapter 13 were repealed
by 1984 Ky. Acts ch. 417, § 36 and KRS Chapter
13A was created in that same chapter of the 1984 Ky.
Acts.
171.410
Definitions for KRS 171.420 to 171.740.
As used in KRS 171.420 to 171.740:
- "Public record or record" means all books,
papers, maps, photographs, cards, tapes,
disks, diskettes, recordings, and other documentary
materials, regardless of physical
form or characteristics, which are prepared, owned,
used, in the possession of or
retained by a public agency. "Public record"
shall not include any records owned by
a private person or corporation that are not related
to functions, activities, programs
or operations funded by state or local authority;
- "Department" means the Department for
Libraries and Archives;
- "Commission" means the State Archives
and Records Commission; and
- "Public agency" means every state or local
office, state department, division, bureau,
board, commission and authority; every legislative
board, commission, committee
and officer; every county and city governing body,
council, school district board,
special district board, municipal corporation, and
any board, department,
commission, committee, subcommittee, ad hoc committee,
council or agency
thereof; and any other body which is created by state
or local authority and which
derives at least twenty-five percent (25%) of its
funds from state or local authority.
Effective:
July 15, 1986
History: Amended 1986 Ky. Acts ch. 150, sec. 3, effective
July 15, 1986. -- Amended 1982 Ky. Acts ch. 245, sec.
1, effective July 15, 1982. -- Amended 1974 Ky. Acts
ch. 74, Art. VIII, B, sec. 2. -- Amended 1970 Ky. Acts
ch. 92, sec. 32. -- Amended 1966 Ky. Acts ch. 255, sec.
159. -- Amended 1962 Ky. Acts ch. 106, Art. V, sec.
2. -- Created 1958 Ky. Acts ch. 49, sec. 1.
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