§5A-8-15. Records management and preservation of county records; alternate storage of county records; Records Management and Preservation Board; qualifications and appointment of members; reimbursement of expenses; staffing; rule-making authority; st...


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 A- 8 - 15

§5A-8-15. Records management and preservation of county records;

alternate storage of county records; Records

Management and Preservation Board; qualifications and

appointment of members; reimbursement of expenses;

staffing; rule-making authority; study of records

management needs of state agencies; grants to

counties.

The Legislature finds that the use of electronic technology

and other procedures to manage and preserve public records by

counties should be uniform throughout the state where possible.

(a) The governing body and the chief elected official of a

county, hereinafter referred to as a county government entity,

whether organized and existing under a charter or under general

law, shall promote the principles of efficient records management

and preservation of local records. A county governing entity may,

as far as practical, follow the program established for the uniform

management and preservation of county records as set out in rules

proposed for legislative approval in accordance with the provisions

of article three, chapter twenty-nine-a of this code as proposed by

the Records Management and Preservation Board.

(b) In the event a county government entity decides to destroy

or otherwise dispose of a county record, the county government

entity may, prior to destruction or disposal thereof, offer the

record to the Director of the Section of Archives and History of

the Division of Culture and History for preservation of the record as a document of historical value. Unless authorized by the

Supreme Court of Appeals, the records of courts of record and

magistrate courts are not affected by the provisions of this

section.

(c)(1) A preservation duplicate of a county government entity

record may be stored in any format approved by the board in which

the image of the original record is preserved in a form, including

CD-ROM and optical image storage media, in which the image is

incapable of erasure or alteration and from which a reproduction of

the stored record may be retrieved that truly and accurately

depicts the image of the original county government record.

(2) Except for those formats, processes and systems used for

the storage of records on the effective date of this section, no

alternate format for the storage of county government entity

records described in this section is authorized for the storage of

county government entity records unless the particular format has

been approved pursuant to a legislative rule promulgated by the

board in accordance with the provisions of chapter twenty-nine-a of

this code. The board may prohibit the use of any format, process

or system used for the storage of records upon its determination

that the same is not reasonably adequate to preserve the records

from destruction, alteration or decay.

(3) Upon creation of a preservation duplicate that stores an

original county government entity record in an approved format that

is incapable of erasure or alteration and that may be retrieved in a format that truly and accurately depicts the image of the

original record, the county government entity may destroy or

otherwise dispose of the original in accordance with the provisions

of section seven-c, article one, chapter fifty-seven of this code.

(d) A Records Management and Preservation Board for county

government entities is continued to be composed of eleven members.

(1) Three members shall serve ex officio. One member shall be

the Commissioner of the Division of Culture and History or designee

who shall be the chair of the board. One member shall be the

Administrator of the Supreme Court of Appeals or designee. One

member shall be the Chief Technology Officer or designee.

(2) The Governor shall appoint eight members of the board,

with the advice and consent of the Senate. Not more than five

appointments to the board may be from the same political party and

not more than three members may be appointed from the same

congressional district. Of the eight members appointed by the

Governor:

(i) Five appointments shall be county elected officials, one

of whom shall be a clerk of a county commission, one of whom shall

be a circuit court clerk, one of whom shall be a county

commissioner, one of whom shall be a county sheriff and one of whom

shall be a county assessor, to be selected from a list of fifteen

names. The names of three clerks of county commissions and three

circuit court clerks shall be submitted to the Governor by the West

Virginia Association of Counties. The names of three county commissioners shall be submitted to the Governor jointly by the

West Virginia Association of Counties and the West Virginia County

Commissioners Association. The names of three county sheriffs

shall be submitted to the Governor by the West Virginia Sheriff's

Association. The names of three county assessors shall be

submitted to the Governor by the Association of West Virginia

Assessors;

(ii) One appointment shall be a county prosecuting attorney to

be selected from a list of three names submitted by the West

Virginia Prosecuting Attorneys Institute;

(iii) One appointment shall be an attorney licensed in West

Virginia and in good standing as a member of the West Virginia

State Bar with experience in real estate and mineral title

examination, to be selected from a list of three names submitted by

the State Bar; and

(iv) One appointment shall be a representative of a local

historical or genealogical society.

(e) The members of the board shall serve without compensation

but shall be reimbursed for all reasonable and necessary expenses

actually incurred in the performance of their duties as members of

the board in a manner consistent with the guidelines of the Travel

Management Office of the Department of Administration. In the

event the expenses are paid, or are to be paid, by a third party,

the member shall not be reimbursed by the state.

(f) The staff of the board shall consist of the Director of the Archives and History Section of the Division of Culture and

History and any additional staff as needed.

(g) The board shall propose rules for legislative approval in

accordance with the provisions of article three, chapter

twenty-nine-a of this code to establish a system of records

management and preservation for county governments: Provided,

That, for the retention and disposition of records of courts of

record and magistrate courts, the implementation of the rule is

subject to action by the Supreme Court of Appeals of West Virginia.

The proposed rules shall include provisions for establishing a

program of grants to county governments for making records

management and preservation uniform throughout the state. The

board is not authorized to propose or promulgate emergency rules

under the provisions of this section.

(h) In addition to the fees charged by the clerk of the county

commission under the provisions of section ten, article one,

chapter fifty-nine of this code, the clerk shall charge and collect

an additional one-dollar fee for every document containing less

than ten pages filed for recording and an additional one-dollar fee

for each additional ten pages of document filed for recording. At

the end of each month, the clerk of the county commission shall

deposit into the Public Records and Preservation Account as

established in the State Treasury all fees collected: Provided,

That the clerk may retain not more than ten percent of the fees for

costs associated with the collection of the fees. Clerks shall be responsible for accounting for the collection and deposit in the

State Treasury of all fees collected by the clerk under the

provisions of this section.

(i) There is hereby created in the State Treasury a special

account entitled the Public Records and Preservation Revenue

Account. The account shall consist of all fees collected under the

provisions of this section, legislative appropriations, interest

earned from fees, investments, gifts, grants or contributions

received by the board. Expenditures from the account shall be for

the purposes set forth in this article and are not authorized from

collections but are to be made only in accordance with

appropriation by the Legislature and in accordance with the

provisions of article three, chapter twelve of this code and upon

the fulfillment of the provisions set forth in article two, chapter

eleven-b of this code.

(j) Subject to the above provision, the board may expend the

funds in the account to implement the provisions of this article.

In expending funds from the account, the board shall allocate not

more than fifty percent of the funds for grants to counties for

records management, access and preservation purposes. The board

shall provide for applications, set guidelines and establish

procedures for distributing grants to counties, including a process

for appealing an adverse decision on a grant application.

Expenditures from the account shall be for the purposes set forth

in this section, including the cost of additional staff of the Division of Archives and History.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.