The college is required by the Annotated Code of Maryland State Government Article 10, sections 631-634 and COMAR 14.18.02 to develop a program to efficiently manage its records.  This includes the establishment and/or regular revision of records retention and disposition schedules.  The president or their designee is responsible for ensuring that all public records created or received by the college are on an approved records retention and disposition schedule.

The willful, unauthorized destruction or alienation of any public record is a misdemeanor subject to criminal penalties set forth in the Annotated Code of Maryland (Criminal Law Article 8, section 606).  A public record may not be disposed of without authorization from the state archivist. This authorization must be obtained by means of filing a records retention and disposition schedule with the State of Maryland.

A records retention and disposition schedule (RRDS) must be developed and approved by the state archivist.  The approved schedule is posted on the web page of the office of planning, research and organizational development.  The college will conduct a review of the RRDS as needed, at least every five years.

Per the approved RRDS, if an office would like to transfer non-permanent records to the State Records Center, they need to contact the Records Management Division at 410-799-1379.  Agencies must complete and submit a records transmittal and receipt form (DGS 550-5) prior to transfer.

Per the approved RRDS, if an office would like to arrange for the transfer of permanent records to the archives, see transfer.mdsa.net site.  Forms, instructions, and contact information for the transfer of permanent records to the archives are available online.

The Annotated Code of Maryland State Government Article 10, section 611 defines a public record as the original or any copy of any documentary material that is made by a unit or instrumentality of the state government or of a political subdivision or received by the unit or instrumentality in connection with the transaction of public business.  This includes records or documents required by law to be filed with or kept by an agency of the state, county, or municipality.  Public records can be in any form and format (paper, microfilm, electronic, etc.).  Electronic records are records in computerized or machine-readable format, including but not limited to email, voice mail, agency web pages, databases, source data, and derived digital products, such as maps and electronic government publications.

All public records fall into one of two categories:

• Permanent records are public records that have been appraised by law, statute, rule, agency personnel, and/or the state archivist as having ongoing administrative, fiscal, legal, historical, or other archival value.  Permanent records must be transferred to the state archives for preservation and permanent retention.  Examples of permanent records include, but are not limited to:  official correspondence that serves to document the origins, history, and accomplishments of an agency, agendas and minutes of official meetings, books of final entry and general ledgers, and external audits of the agency.  An agency's retention schedule should (1) identify which records are permanent and (2) state how long permanent records need to be maintained at the originating agency prior to transfer to the archives.  Records designated as permanent are permanent in any form or format.  Electronic records designated as permanent must be maintained and transferred to the state archives in accordance with COMAR 14.18.04.
• Non-permanent records are public records with temporary value that may be disposed of after the passage of a specified period of time.  Disposal criteria must be specified in an approved records retention and disposition schedule.  Examples of non-permanent records include personnel records and timesheets, purchase orders, agency reference copies of state laws and publications, agency reference copies of legislative audits, and draft agendas and unofficial minutes of meetings.

(www.msa.md.gov/msa/intromsa/html/record_mgmt/record.html)

Policy Manual Review/Revision:   3/12/10