100 R.I. Code R. 100-RICR-50-00-1.8

Current through December 3, 2024

Section 100-RICR-50-00-1.8 - Disposition of Records

A. Records which have met the applicable retention requirement in compliance with the approved Records Control Schedule shall be physically and permanently destroyed in a timely and appropriate manner per R.I. Gen. Laws § 38-1-10, only after a Certification of Records Destruction has been approved by the PRA or LGRP, as follows:

1. Records in custody of the Agency shall be destroyed by the Agency or an approved vendor; or

2. State agency records in custody of the State Records Center shall be destroyed by the PRA or an affiliate vendor.

1.8.1Certification of Records Destruction

A. The State Agency Records Officer, or Local Government Representative, shall submit to the PRA, or LGRP, the Certification of Records Destruction prior to destruction of any record, regardless of format. For records which have been affected by natural or other disaster, see § 1.8.2 of this Part. The Certification of Records Destruction:

1. Shall be signed by the Agency head or their designee with a digitally certified or wet signature;

2. Shall be signed by the State Archivist/Public Records Administrator or their designee with a digitally certified or wet signature; and

3. Shall be eligible for records disposal by the Agency solely upon confirmation by the State Archivist/Public Records Administrator or their designee that the Certification of Records Destruction has been executed by each required party.

a. No public record shall be destroyed or otherwise disposed of by any agency without prior notice to, and approval by, the PRA or LGRP.

B. The counter-signed Certification of Records Destruction shall thereafter be a permanent record of the Agency and will be maintained as the legal replacement for destroyed records.

1.8.2Certification of Emergency Records Destruction

A. Records which have been compromised, rendered illegible, reasonably evidenced as posing a public health hazard or otherwise unusable due to catastrophe, natural disaster or other event shall be issued a Certification of Emergency Records Destruction and may be disposed of thereafter with prior written approval from the PRA or LGRP, including confirmation by the State Archivist/Public Records Administrator of execution by each of the required parties. If records that may be compromised are identified, the Agency must:

1. Immediately contact the PRA at records@sos.ri.gov, the LGRP at localgov@sos.ri.gov, or call (401) 222-2353.

2. Allow a member of the PRA or LGRP to conduct a site visit to assess the records before any action is taken to dispose of records.

3. Provide clear evidence, such as photo documentation and a detailed incident report, that records are unsalvageable and that every effort has been made to either create a reproduction or rescue the records prior to seeking approval for disposition via the Certification of Emergency Records Destruction. The Certification of Emergency Records Destruction:

a. Shall be signed by the Agency head or their designee with a digitally certified or wet signature;

b. Shall be signed by the State Archivist/Public Records Administrator or their designee with a digitally certified or wet signature; and

c. Upon approval, records shall be safely destroyed by the Agency or an appropriate affiliate vendor contracted by the Agency and specializing in disaster mitigation and document destruction.

(1) No public record shall be destroyed or otherwise disposed of by any agency without prior notice to, and approval by, the PRA or LGRP.

B. The counter-signed Certification of Emergency Records Destruction shall thereafter be a permanent record of the Agency and will be maintained as the legal replacement for destroyed records.

1.8.3Transfer of State Agency Records to State Archives

A. The State agency may request the State Archives, as the official State Repository, to accept the possession and custody of records with a permanent retention requirement, and which have no present legal or administrative value to the State agency but are deemed by the State Archivist/Public Records Administrator and the Attorney General or the Auditor General to be of permanent or historical value.

B State Agency public records determined to be of permanent value according to the Records Control Schedule and by the State Archivist/Public Records Administrator, shall be transferred to the State Archives following assessment after the twentieth (20th) year if transfer of custody is in the best interest of the record(s).

1. A list of all such records transferred, together with a statement certifying compliance with the provisions of research and access as provided in R.I. Gen. Laws § 42-8.1-11, shall be preserved in the files of both the State agency and the State Archives.

2. Public records created or received by general officers or other senior officials which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official duties carried out on behalf of the State, shall be transferred at the end of the elected official's term within thirty (30) days of leaving such office.

C. The State Archives shall:

1. Organize and administer the transfer of custody of such records; and

2. Make available to the public records so transferred except those records not deemed public per R.I. Gen. Laws §§ 38-2-2(4)(A) through (BB).

100 R.I. Code R. 100-RICR-50-00-1.8

Adopted effective 5/14/2024