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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Administrator" means the Public Records Administrator of the District of Columbia, established by § 2-1702(b).
(2) "Agency" means any board, commission, department, division, institution, authority, independent authority, or part thereof, of the District, except the entities listed in § 2-1714(b).
(3) "Archival quality" means a quality of photographic reproduction consistent with standards specified by the American National Standards Institute.
(4) "Archival record" means any non-current record of an organization or institution that is preserved permanently because of its continuing and enduring administrative, legal, fiscal, or historical value. For the purposes of this definition, the term:
(A) "Administrative value" means the usefulness of a record to the agency in which the record originated or to the succeeding agency for conducting current business.
(B) "Fiscal value" means any record necessary or useful to document and verify financial authorizations, obligations, or transactions.
(C) "Historical value" means a record that merits long-term preservation because the record contains significant information about the organization and function of government agencies, or unique information about persons, places, and subjects with which public agencies deal.
(D) "Legal value" means any record that documents the legal or civil rights of individuals or government agencies.
(5) "Committee" means the Records Disposition Committee established by § 2- 1705.
(6) "Custodian" means the public official in charge of an office having public records.
(6A) "Digital" means in a format that is computer readable.
(7) "District" means the District of Columbia government.
(8) "Executive Office" means the Executive Office of the Mayor of the District of Columbia.
(9) "Inactive public record" means a public record which the agency which created or received the record no longer needs to retain in its custody for the transaction of public business.
(10) "Microreproduction equipment" means photographic equipment designed to produce microimages of documents.
(11) "Nonrecord" means any library or other reference materials or records maintained solely for convenience or reference.
(12) "Office" means the District of Columbia Office of Public Records Management, Archival Administration, and Library of Governmental Information established by § 2-1702(a).
(13) "Public record" means any document, book, photographic image, electronic data recording, electronic mail, paper, video recording, sound recording, microfilm, computer disk, or other material, regardless of physical form or characteristic, that documents a transaction or activity made, received, or retained pursuant to law or in connection with the transaction of public business by or with any officer or employee of the District. The medium upon which such information is recorded shall have no bearing on the determination of whether the record is a public record.
(14) "Records disposition" means the removal by a District agency or other governmental unit of a record no longer necessary for the conduct of public business in accordance with records control schedules and removal methods and procedures approved by the Office.
(14A) "Records management officer" means any person whose responsibilities, according to § 2-1706, include the development and oversight of an agency's records management program.
(15) "Records retention schedule" means a document listing all records series of a given class, or originating in a particular agency, specifying records to be retained permanently and authorizing on a continuing basis the destruction of other series of records after a specified time period has elapsed.
(16) "Retention period" means the period of time for which a record must be retained.
(17) "Secretary" means the Secretary of the District of Columbia.
(Sept. 5, 1985, D.C. Law 6-19, § 2, 32 DCR 3590; Mar. 8, 1991, D.C. Law 8-235, § 2(a), 38 DCR 302; Oct. 17, 2002, D.C. Law 14-195, § 2(a), 49 DCR 7638; June 13, 2008, D.C. Law 17-175, § 2(a), 55 DCR 5387.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2901.
Effect of Amendments
D.C. Law 14-195 rewrote par. (2) which had read as follows:
"(2) 'Agency' means any board, commission, department, division, institution, authority, or part thereof, of the District, except the entities listed in § 2- 1714(b)."
D.C. Law 17-175 rewrote par. (13), which had read as follows:
"(13) 'Public record' means any document, book, photographic image, electronic data recording, paper, sound recording, or other material, regardless of physical form or characteristic, made or received pursuant to law or in connection with the transaction of public business by any officer or employee of the District."
Legislative History of Laws
Law 6-19, the "District of Columbia Public Records Management Act of 1985," was introduced in Council and assigned Bill No. 6-139, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 14, 1985 and May 28, 1985, respectively. Signed by the Mayor on June 10, 1985, it was assigned Act No. 6-34 and transmitted to both Houses of Congress for its review.
Law 8-235 was introduced in Council and assigned Bill No. 8-559, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-318 and transmitted to both Houses of Congress for its review.
Law 14-195, the "Government Reports Electronic Publication Requirement Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-28, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 18, 2002, and July 2, 2002, respectively. Signed by the Mayor on July 17, 2002, it was assigned Act No. 14-428 and transmitted to both Houses of Congress for its review. D.C. Law 14-195 became effective on October 17, 2002.
Law 17-175, the "Electronic Mail Public Record Clarification Amendment Act of 2008", was introduced in Council and assigned Bill No.17-490 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on March 4, 2008, and April 1, 2008, respectively. Signed by the Mayor on April 22, 2008, it was assigned Act No. 17-359 and transmitted to both Houses of Congress for its review. D.C. Law 17- 175 became effective on June 13, 2008.
Miscellaneous Notes
District of Columbia Records Disposition Committee established: See Mayor's Order 85-173, October 21, 1985.
Section 3 of D.C. Law 14-195 provided that this act shall apply as of October 1, 2002.
