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2010 Minnesota Statutes

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Found 70 matches for records disposition panel

138.17 GOVERNMENT RECORDS Next ; ADMINISTRATION.

Subdivision 1.Destruction, preservation, reproduction of Previous records Next ; prima facie evidence.

(a) The attorney general, legislative auditor in the case of state Previous records Next , state auditor in the case of local Previous records Next , and director of the Minnesota Historical Society, hereinafter director, shall constitute the Previous Records Next Previous Disposition Next Previous Panel Next . The members of the Previous panel Next shall have power by majority vote to direct the destruction or sale for salvage of government Previous records Next determined to be no longer of any value, or to direct the Previous disposition Next by gift to the Minnesota Historical Society or otherwise of government Previous records Next determined to be valuable for preservation. The Previous Records Next Previous Disposition Next Previous Panel Next may by majority vote order any of those Previous records Next to be reproduced by photographic or other means, and order that photographic or other reproductions be substituted for the originals of them. It may direct the destruction or sale for salvage or other Previous disposition Next of the originals from which they were made. Photographic or other reproductions shall for all purposes be deemed the originals of the Previous records Next reproduced when so ordered by the Previous records Next Previous disposition Next Previous panel Next , and shall be admissible as evidence in all courts and in proceedings of every kind. A facsimile, exemplified or certified copy of a photographic, optical disk imaging, or other reproduction, or an enlargement or reduction of it, shall have the same effect and weight as evidence as would a certified or exemplified copy of the original. The Previous Records Next Previous Disposition Next Previous Panel Next , by majority vote, may direct the storage of government Previous records Next , except as herein provided, and direct the storage of photographic or other reproductions. Photographic or other reproductions substituted for original Previous records Next shall be disposed of in accordance with the procedures provided for the original Previous records Next .

(b) For the purposes of this chapter:

(1) the term "government Previous records Next " means state and local Previous records Next , including all cards, correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings, reports, tapes, writings, optical disks, and other data, information, or documentary material, regardless of physical form or characteristics, storage media or conditions of use, made or received by an officer or agency of the state and an officer or agency of a county, city, town, school district, municipal subdivision or corporation or other public authority or political entity within the state pursuant to state law or in connection with the transaction of public business by an officer or agency;

(2) the term "state record" means a record of a department, office, officer, commission, commissioner, board or any other agency, however styled or designated, of the executive branch of state government; a record of the state legislature; a record of any court, whether of statewide or local jurisdiction; and any other record designated or treated as a state record under state law;

(3) the term "local record" means a record of an agency of a county, city, town, school district, municipal subdivision or corporation or other public authority or political entity;

(4) the term " Previous records Next " excludes data and information that does not become part of an official transaction, library and museum material made or acquired and kept solely for reference or exhibit purposes, extra copies of documents kept only for convenience of reference and stock of publications and processed documents, and bonds, coupons, or other obligations or evidences of indebtedness, the destruction or other Previous disposition Next of which is governed by other laws;

(5) the term "state archives" means those Previous records Next preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of government or because of the value of the information contained in them, when determined to have sufficient historical or other value to warrant continued preservation by the state of Minnesota and accepted for inclusion in the collections of the Minnesota Historical Society.

(c) If the decision is made to dispose of Previous records Next by majority vote, the Minnesota Historical Society may acquire and retain whatever they determine to be of potential historical value.

Subd. 1a. Previous Records Next inspection.

Government Previous records Next which a state agency, political subdivision, or statewide system lists on a Previous records Next Previous disposition Next application or Previous records Next schedule, or on which archival assistance or advice is requested, may be inspected by state archives' employees if state archives gives prior notice. Employees of the archives shall have access to the Previous records Next for the purpose of determining the historical or other continuing value of the Previous records Next , regardless of the Previous records Next ' classification pursuant to chapter 13 or 270B. Employees of the archives shall be liable to the penalties set forth for improper disclosure by them of private, confidential, nonpublic, or protected nonpublic data inspected for this purpose.

Subd. 1b.Transfer process.

After July 1, 1982, all Previous records Next deemed to be of continuing value and authorized for transfer to the archives by the Previous Records Next Previous Disposition Next Previous Panel Next shall be retained by the requesting agency or may be transferred to the archives in accordance with subdivision 1, notwithstanding the provisions of chapter 13. The responsible authority of the state agency, political subdivision, or statewide system transferring Previous records Next to the archives shall notify the archivist or a designee with regard to the Previous records Next transferred of the classification of the Previous records Next pursuant to chapter 13.

Subd. 1c.Access to archives Previous records Next .

(a) All Previous records Next transferred to the archives shall be accessible to the public unless the archives determines that the information:

(1) was compiled for law enforcement purposes and disclosure would (i) materially impair the effectiveness of an ongoing investigation, criminal intelligence operation, or law enforcement proceeding; (ii) identify a confidential informant; (iii) reveal confidential investigative techniques or procedures, including criminal intelligence activity; or (iv) endanger the life of an individual;

(2) is administrative or technical information, including software, operating protocols, employee manuals, or other information, the disclosure of which would jeopardize the security of a record-keeping system;

(3) is proprietary information, including computer programs and software and other types of information manufactured or marketed by persons under exclusive legal right, owned by the agency or entrusted to it;

(4) contains trade secrets or confidential commercial and financial information obtained, upon request, from a person;

(5) is library, archival, or museum material contributed by private persons to the extent of any lawful limitation imposed upon the material; or

(6) if disclosed, would constitute a clearly unwarranted invasion of personal privacy. Disclosure of an individually identifiable record does not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual.

(b) The society may withhold access to state archives from any person who willfully mutilates, damages, or defaces archival Previous records Next , or wrongfully removes them from state archives; provided that the society shall notify the person of the decision to withhold access, and the person may, within 30 days, appeal the decision to the Executive Council of the society.

(c) The state archivist shall notify any person from whom access is withheld pursuant to paragraph (a). The person may, within 30 days of the day the notice is sent, appeal the archivist's determination to the Executive Council of the society. The Executive Council shall, within 30 days of the filing of an appeal, issue a decision determining if the archivist has correctly applied the standards of paragraph (a). The decision of the Executive Council may be appealed to the District Court of Ramsey County.

Subd. 2.

[Repealed, 1971 c 529 s 15]

Subd. 3.University; State Agricultural Society; Minnesota Historical Society.

Laws 1971, chapter 529, sections 1 to 14 shall not apply to the public Previous records Next of the University of Minnesota, the Minnesota State Agriculture Society, or the Minnesota Historical Society.

Subd. 4.State library.

No public Previous records Next of the Minnesota State Library shall be subject to the Previous disposition Next or orders provided by Laws 1971, chapter 529, except with the consent of the state librarian.

Subd. 5.Supreme Court.

No public Previous records Next of the Supreme Court shall be subject to the Previous disposition Next or orders provided by Laws 1971, chapter 529, except with the consent of the court.

Subd. 6.Archivist; equipment; supplies.

The Minnesota Historical Society shall employ a professional archivist, who shall be known as the state archivist, and other agents and personnel as are necessary to enable it to carry out its duties and powers. The archivist shall be appointed by the director of the society.

Subd. 7. Previous Records Next management.

It shall be the duty of the head of each state agency and the governing body of each county, municipality, and other subdivision of government to establish and maintain an active, continuing program for the economical and efficient management of the Previous records Next of each agency, county, municipality, or other subdivision of government. Public officials shall prepare an inclusive inventory of Previous records Next in their custody, to which shall be attached a schedule, approved by the head of the governmental unit or agency having custody of the Previous records Next , establishing a time period for the retention or disposal of each series of Previous records Next . When the schedule is unanimously approved by the Previous records Next Previous disposition Next Previous panel Next , the head of the governmental unit or agency having custody of the Previous records Next may dispose of the type of Previous records Next listed in the schedule at a time and in a manner prescribed in the schedule for particular Previous records Next which were created after the approval. A list of Previous records Next disposed of pursuant to this subdivision shall be maintained by the governmental unit or agency. When Previous records Next containing not public data as defined in section 13.02, subdivision 8a, are being disposed of under this subdivision, the Previous records Next must be destroyed in a way that prevents their contents from being determined.

Subd. 8.Emergency Previous records preservation.

Every county, municipality, or other subdivision of government may institute a program for the preservation of necessary documents essential to the continuity of government in the event of a disaster or emergency.

Subd. 9.

[Repealed, 2007 c 76 s 2]

Subd. 10.

[Repealed, 2007 c 76 s 2]

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