N.J. Admin. Code § 15:3-2.1
Current through Register Vol. 56, No. 21, November 4, 2024
Section 15:3-2.1 - Retention and disposition of public records(a) The following pertain to the conduct of the State Records Committee regarding public meetings, public notice, and voting:1. The State Records Committee shall meet monthly, unless there is insufficient business as determined and declared by the Director of the Division of Archives and Records Management, as Secretary of the Committee, who shall notify or cause the members of the Committee to be notified of cancellation of such meeting.2. Special meetings of the Committee may be called by the Secretary of the Committee as he or she may deem necessary.3. All meetings of the Committee shall be held and conducted pursuant to the provisions of P.L. 1975, c.231 (10:4-6 to 21), known and cited as the Open Public Meetings Act (OPMA), including, but not limited to, adequate public notice of all meetings, open public meetings, and availability of minutes of meetings to the public.4. Public notice, including publication in one or more legal newspapers and posting in the Office of the Secretary of State, shall be made of all public meetings of the Committee, including the agenda of the meeting. Written comments concerning proposed actions on the published agenda may be filed with the Committee, but no public comment shall be allowed during meetings of the Committee, except by representatives of agencies or their consultants who have business before the Committee, or unless the meeting is constituted as a public hearing by the Committee.5. No official vote or action shall be taken by the Committee unless a quorum of the members is present. A quorum of the Committee shall be a simple majority of the members thereof or their designees.6. No official vote or action shall be required for administrative actions of the staff of the Division of Archives and Records Management previously authorized by the Committee, including, but not limited to, approval of destruction of public records in accordance with established record retention schedules, changes in previously approved record retention schedules due to name changes or reorganization of State or local agencies or units within such agencies, and annual renewal of certification of image processing systems for public records or other administrative actions regarding certifications of such imaging systems. Notification of all administrative actions by the Division shall be declared and recorded at the subsequent meeting of the Committee.7. The Director of the Division of Archives and Records Management, acting as Secretary of the Committee, or his or her designee, shall serve as the custodian of the records of the Committee per P.L. 2001, c. 404 (47:1A-1 et seq.), known and cited as the Open Public Records Act (OPRA). The minutes of the meeting and other records of the Committee shall be held and maintained by the Division of Archives and Records Management. Minutes of the meetings of the Committee and related documents shall be available to the public pursuant to the provisions of P.L. 1975, c.231, §§ 7 and 9 (10:4-12 and 14).8. The State Records Committee shall have the authority to form sub-committees and other groups as may be deemed necessary to fulfill and carry out the functions and duties of the Committee per P.L. 1953, c.410, §§ 6 et seq. (47:3-20 et al.). Such sub-committees and other groups shall be established and constituted by a majority vote of the Committee.(b) The following pertain to certification, authorization, and assistance provided by the Bureau of Records Management: 1. Any proposed records retention schedule must receive the approval of the Chief of the Bureau of Records Management or the Supervisor of Records and Forms Analysis before it is submitted to the State Records Committee for adoption.2. Any image processing system established and maintained for the creation and/or management of public records in a State or local government agency must receive the approval of the Deputy Director for Records Management of the Division of Archives and Records Management or his or her designee, pursuant to the provisions of P.L. 1994, c. 140, and the rules and regulations related thereto,including N.J.A.C. 15:3-4, Image Processing of Public Records, and 15:3-5, Registration of Image Processing Systems, before the system can be submitted for certification by the State Records Committee.3. Any agency requesting authorization for destruction of public records must submit a completed "Request and Authorization for Records Disposal" form per N.J.A.C 15:3-2.2 to the Supervisor of Records and Forms Analysis or his or her designee for approval before any such records may be destroyed.4. Pursuant to the provisions of P.L. 1920, c.46 (47:2-3 et seq.), P.L. 1953, c.410 (47:3-26 et al.), and P.L. 1994, c.140 (47:3-26 as amended), the Bureau of Records Management shall research, develop and, upon approval by the State Records Committee, promulgate standards, procedures and guidelines for the creation, management, and preservation of public records for State and local government agencies and shall promote and provide training and assistance for the implementation of the same.(c) The following pertain to records retention schedules and the disposal of public records: 1. The Division shall issue no authorization for destruction of public records to an agency unless a records retention schedule has been prepared and approved for that particular agency or department.2. Any agency requesting authorization for destruction of public records must receive notification of the approval of the Supervisor of Records and Forms Analysis or his or her designee, if said request conforms to a records retention schedule established by the State Records Committee, before such records may be destroyed. The Division shall report all authorizations for destruction of public records to the State Records Committee at each regularly scheduled meeting of the committee. Such reports shall become part of the records maintained in perpetuity for the said committee.3. Per the procedures established under 15:3-2.2(b), the State Records Committee may, upon recommendation of the Division, grant special authorization for disposal of public records damaged or destroyed in a fire, flood, or other natural or man-made disaster that have not passed the approved records retention period, if the Division determines that other copies of the records exist, the records can be reconstituted from other sources, or the records cannot be restored or recovered due to the damage they have received.(d) Record retention schedules provide a uniform, effective, and systematic control on recordkeeping and destruction. Through the use of such schedules, agencies can insure that valuable records are preserved and that records of temporary nature are disposed of when no longer needed. This, of course, will reduce the need for expensive filing equipment and, in general, provide a more efficient filing system. The installation of systematic controls on recordkeeping and the establishment of approved retention and disposal schedule within State and local government agencies shall include the following steps: 1. The Division will assist the various departments in preparing the inventory and drafting the records retention schedule.2. When the inventory and appraisal are completed, a Records Retention and Disposition Schedule shall be prepared.3. After the Records Retention and Disposition Schedules are prepared, clearances for the recommended records retention schedule shall be obtained. Initial clearances are made by the officials primarily concerned with the record. These officials indicate their approval by initiating the form. The department or division heads or the chief executive officer of any autonomous agency gives approval by signing the schedule in the designated space.4. Proposed record retention schedules shall be reviewed by the State Records Committee and either approved, disapproved or amended. If approved, the record retention schedule is signed by the Director of the Division as Secretary to the State Records Committee and the agency shall be notified.(e) Instructions for preparing a Records Retention and Disposition Schedule are as follows: 1. Each records retention and disposition schedule shall be prepared by the Division of Archives and Records Management. i. Proposed records and retention disposition schedules shall be prepared from inventory and appraisal information gathered by DARM staff in conjunction with agency representatives.ii. Only active and continuing records shall be scheduled. Nonrecurring or discontinued records shall not be listed on this schedule.iii. Supplemental schedule pages shall be used to continue items after the first sheet is filled.2. Upon completion by the Division, the schedule shall be presented to the head of the agency concerned for approval and signature, prior to submission to the State Records Committee for adoption.(f) The following pertain to general retention schedules for State and local agencies: 1. The State Records Committee shall issue general retention schedules covering records common to all State and local agencies.2. The Director of the Division, acting as the Chairman of the State Records Committee, shall sign the retention schedules as the requestor.(g) Copies of record retention schedules are available upon request from the following address: Department of State
Division of Archives and Records Management
PO Box 307
Trenton, NJ 08625-0307
or, on the Division website at www.state.nj.us/state/darm/links/recman.html.
N.J. Admin. Code § 15:3-2.1
Amended by 49 N.J.R. 770(c), effective 4/17/2017