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the municipal secretary desktop reference manual - Southwestern ...

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Since <strong>the</strong> Municipal Records Act does not provide specific information regarding <strong>the</strong><br />

retention of records not listed on <strong>the</strong> schedule or <strong>the</strong> transfer of historical records to <strong>the</strong> PHMC,<br />

<strong>the</strong> Local Government Records Committee has adopted rules and regulations which establish<br />

disposition procedures to cover <strong>the</strong>se two situations. If a <strong>municipal</strong>ity wishes to dispose of<br />

records not listed on <strong>the</strong> schedule, it must first obtain written permission from <strong>the</strong> PHMC.<br />

Likewise, if a <strong>municipal</strong>ity wishes to transfer historical records to <strong>the</strong> PHMC, it must first<br />

obtain written consent from <strong>the</strong> Commission. Please be advised that <strong>the</strong> PHMC is selective<br />

in <strong>the</strong> types of <strong>municipal</strong> records it would be willing to accept.<br />

In order to obtain written consent from <strong>the</strong> PHMC, a <strong>municipal</strong>ity must submit a records<br />

disposal certification form in duplicate to <strong>the</strong> Commission's Division of Archival and<br />

Records Management Services. A <strong>municipal</strong> official who disposes of public records in<br />

accordance with provisions of <strong>the</strong> Municipal Records Act cannot be held liable on his/her<br />

official bond or in <strong>the</strong> way of damages for loss or in any o<strong>the</strong>r manner, civil or criminal,<br />

because of <strong>the</strong> disposition of public records pursuant to <strong>the</strong> provisions of this act.<br />

The Local Government Records Committee added two very important<br />

amendments to <strong>the</strong> schedule at its December 1, 1982 meeting. By way of explanation, §13.25<br />

clarifies <strong>the</strong> retention period of records subject to audit, and also alerts <strong>municipal</strong> officials to <strong>the</strong><br />

need to check applicable federal and state statutes and administrative regulations which may<br />

necessitate retaining records for a longer period of time than indicated in <strong>the</strong> schedule. In<br />

regard to records subject to audit, <strong>the</strong> amendment explains that <strong>the</strong> retention periods refer to<br />

<strong>the</strong> length of time <strong>the</strong> records must be retained after <strong>the</strong> audit has been officially accepted. The<br />

second amendment, §13.26, relates to standards for microfilming <strong>municipal</strong> records. (See<br />

Microfilm Standards for Local Public Records.)<br />

Since <strong>the</strong> retention and disposition schedule was designed and issued to meet <strong>the</strong><br />

needs of <strong>municipal</strong>ities, <strong>the</strong> PHMC would appreciate any comments, criticism or suggestions<br />

from local officials as <strong>the</strong>y use it in <strong>the</strong>ir records management program. Such advice is vital to<br />

<strong>the</strong> Local Government Records Committee and <strong>the</strong> Commission as <strong>the</strong>y seek to provide <strong>the</strong> best<br />

possible schedule for <strong>municipal</strong> records.<br />

Advice or assistance in connection with <strong>the</strong> application of <strong>the</strong> <strong>municipal</strong> records schedule<br />

may be had by writing or calling <strong>the</strong>:<br />

Pennsylvania Historical and Museum Commission<br />

Division of Archival & Records Management<br />

Services P.O. Box 1026<br />

Harrisburg, PA 17108-1026<br />

Telephone: 717-787-3913 or 783-9874<br />

January 27, 1992<br />

XV-78<br />

Revised May 2006

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