Title 50, Chapter 18, Section 99
( 50-18-99)
(a) As used in this Code section, the term: (1) "Governing body" means the governing body of any county,
municipality, or consolidated government. The term includes school
boards of this state. (2) "Office or officer" means any county office or officer or any
office or officer under the jurisdiction of a governing body which
maintains or is responsible for records. (b) This article shall apply to local governments, except as
modified in this Code section. (c) All records created or received in the performance of a public
duty or paid for by public funds by a governing body are deemed to
be public property and shall constitute a record of public acts. (d) Prior to July 1, 1983, each office or officer shall recommend to
the governing body a retention schedule. This schedule shall include
an inventory of the type of records maintained and the length of
time each type of record shall be maintained in the office or in a
record-holding area. These retention periods shall be based on the
legal, fiscal, administrative, and historical needs for the record.
Schedules previously approved by the State Records Committee will
remain in effect until changed by the governing body. (e) Prior to January 1, 1984, each governing body shall approve by
resolution or ordinance a records management plan which shall
include but not be limited to: (1) The name of the person or title of the officer who will
coordinate and perform the responsibilities of the governing body
under this article; (2) Each retention schedule approved by the governing body; and (3) Provisions for maintenance and security of the records. (f) The Secretary of State, through the department, shall coordinate
all records management matters for purposes of this Code section.
The department shall provide local governments with a list of common
types of records maintained together with recommended retention
periods and shall provide training and assistance as required. The
department shall advise local governments of records of historical
value which may be deposited in the state archives. All other
records shall be maintained by the local government. (g) Except as otherwise provided by law, ordinance, or policy
adopted by the office or officer responsible for maintaining the
records, all records shall be open to the public or the state or any
agency thereof. |