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Statute Regarding State
and Local Government Agencies

Overview

Each state and local agency, pursuant to statute, must establish and maintain a continuing records management program, and designate an individual to manage the records of the agency.

The Law

Arizona Revised Statutes (A.R.S.) §41-1346.

1. The head of each state and local agency shall:
   
   
   1. Establish and maintain an active, continuing program for the economical and efficient management of public records of the agency.
      
      
   2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the rights of the state and of persons directly affected by the agency's activities.
      
      
   3. Submit to the director of the (Arizona State Library, Archives and Public Records) in accordance with established standards, schedules proposing the length of time each record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency.
      
      
   4. Submit a list of public records in the agency's custody that are not needed in the transaction of current business and that are not considered to have sufficient administrative, legal or fiscal value to warrant their inclusion in established disposal schedules.
      
      
   5. Submit to the director of the (Arizona State Library, Archives and Public Records) lists of all essential records in the custody of the agency.
      
      
   6. Cooperate with the director of the Arizona State Library, Archives and Public Records) in the conduct of surveys.
      
      
   7. Designate an individual within the agency to manage the records management program of the agency. The designated individual;
      
   
   
   1. Must be at a level of management sufficient to direct the records management program in an efficient and effective manner.
      
      
   2. Shall act as coordinator and liaison for the agency with the Library.
   
   
   8. Comply with rules, regulations, standards and procedures issued by the director of the Arizona State Library, Archives and Public records.
   
   
2. The governing body of each county, city, town or other political subdivision shall promote the principles of efficient records management for local public records. Such governing body shall, as far as practicable, follow the program established for the management of state records. The director of the Arizona State Library, Archives and Public Records shall, upon request of the governing body, provide advice and assistance in the establishment of a local public records management program.
   
   
3. A head of a state or local agency who violates this section is guilty of a class 2 misdemeanor.
   

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Updated:  06/07/2006