CHAPTER 10:03:01
ORGANIZATION
Section
10:03:01:01 Definitions.
10:03:01:02 Officers.
10:03:01:03 Terms of office.
10:03:01:04 Chairman's duties.
10:03:01:05 Executive secretary's duties.
10:03:01:06 Meetings.
10:03:01:07 Quorum.
10:03:01:08 Action requires majority vote.
10:03:01:09 Record of meetings.
10:03:01:01. Definitions. Terms defined in SDCL 1-27-9 have the same meaning in this article. In addition, terms used in this article are defined as follows:
(1) "Nonrecord materials," the materials excluded from the definition of "record" in SDCL 1-27-9(2);
(2) "Petition," a written request by an agency of state government or a unit of local government for action by the board;
(3) "Board," the records destruction board;
(4) "Statutory minimum retention," the time designated by statute within which specific records may not be destroyed;
(5) "State contracts," written evidence of transactions of a contractual nature entered into by an agency of state or local government;
(6) "Surety bond," a performance or fidelity bond required by statute and filed with an agency of state or local government to assure the performance of an act or actions;
(7) "Records retention and destruction schedule," a schedule submitted by an agency head or public official which proposes the length of time records warrant retention and which has been approved for implementation by the commissioner of administration;
(8) "Durable medium," a medium for maintaining a record where the properties of such medium provide reasonable assurances against tampering with the information contained in the original and degradation of any reproduction generated, and where the reproduction is an exact copy of the original;
(9) "AIIM," Association for Information and Image Management;
(10) "ANSI," American National Standards Institute;
(11) "ISO," International Organization for Standardization.
Source: 8 SDR 120, effective March 21, 1982; 39 SDR 203, effective June 10, 2013.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-References:
Surety bond required -- Obligation of prompt payment of laborers and materialmen, SDCL 5-21-1.
Oath of office for civil officers -- Bond, SDCL 3-1-5.
Suretyship defined, SDCL 56-2-1.
Destruction of nonrecord materials, SDCL 1-27-15.
Records management procedures prepared by state agencies, SDCL 1-27-13.
10:03:01:03. Terms of office. The commissioner of administration shall serve as chairman of the board until the board designates a different chairman. The board may, at any annual or special meeting, by a majority vote, decide that the board will thereafter select the chairman. If the board decides to select the chairman, the chairman shall be elected at the annual meeting and shall serve until the next annual meeting or until he ceases to be a member of the board, whichever occurs first. The commissioner of administration shall be acting chairman during a vacancy. The commissioner of administration shall be the executive secretary of the board.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
10:03:01:04. Chairman's duties. The duties of the chairman are as follows:
(1) Call all meetings;
(2) Preside at meetings;
(3) Sign authorizations granted by the board and other board actions;
(4) Sign, for the board, the orders of the board;
(5) Sign nonadministrative and special budgetary actions of the board; and
(6) File the original copy of all minutes and board actions with the state records manager.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
10:03:01:05. Executive secretary's duties. The duties of the executive secretary are as follows:
(1) Direct and supervise the administrative activities of the board;
(2) Provide a meeting place for the board;
(3) Recommend scheduling of special meetings of the board;
(4) Furnish tape recording facilities or a reporter for all board meetings;
(5) Prepare written minutes or verbatim transcripts of all meetings from the record;
(6) Submit to the chairman schedules of records proposed for destruction;
(7) Give notice of meetings;
(8) Furnish copies of the schedules of records proposed for destruction to board members; and
(9) Distribute copies of minutes to board members.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
10:03:01:06. Meetings. The board shall hold the annual meeting required by SDCL 1-27-19 and special meetings at the call of the chairman. The executive secretary shall serve written notice of all meetings upon each member of the board at least five days in advance of the board meeting. The notice of meeting shall contain the date, time, and location of the meeting and shall be accompanied by copies of petitions filed with the board and proposed for action at that meeting. The chairman shall call sufficient special meetings to act on a petition filed with the board within six months from the date of filing.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-17.
Law Implemented: SDCL 1-27-11.
10:03:01:07. Quorum. A quorum of the board shall consist of the entire board membership.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-References: Assistant attorneys general -- Appointment and compensation -- Powers -- Oath and bond, SDCL 1-11-4; Deputy auditor and employees -- Appointment and bonds, SDCL 1-9-3.
10:03:01:09. Record of meetings. A verbatim record of all board meetings shall be made by magnetic tape recording or by a reporter through use of either a stenograph or shorthand. The executive secretary shall prepare minutes from the taped or reported record and shall circulate a copy of the minutes among the board members. Board members may indicate approval by signing the minutes at the bottom. Unless all members of the board sign the minutes within 30 days, the executive secretary shall prepare a transcript of the taped or reported record and shall file it with the state records manager. The minutes, if signed by all board members, shall be filed with the state records manager by the chairman. A transcript of the taped or reported record shall be prepared and filed at the request of any board member at any time.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
CHAPTER 10:03:02
PROCEDURE
Section
10:03:02:01 Petition content requirements.
10:03:02:02 Petitions to be filed with state records manager.
10:03:02:03 Executive secretary to furnish copies of petitions to board members.
10:03:02:04 Sequence of board action.
10:03:02:05 Authorized action by the board.
10:03:02:01. Petition content requirements. A petition to the board requesting authority for destruction shall be submitted on forms prescribed by the board and shall contain the following:
(1) The date;
(2) The number of pages of the petition submitted;
(3) A description of the structure of the state agency or unit of local government;
(4) A recitation of any prior board action applicable;
(5) A designation, by title and description, of each record for which destruction authority is requested;
(6) The purpose for which each record was kept and a sample of the type of information contained in each record;
(7) Certification that no statutory minimum retention schedules are applicable;
(8) Certification that no state or federal audit requirements will be violated and that the authority requested to destroy state contracts and surety bonds will allow all applicable statutes of limitation for bringing actions on them to pass;
(9) The signature of the department head, the chief executive of an agency other than a department, or the ranking officer of a unit of local government;
(10) The recommendation of the state records manager; and
(11) The records series numbers of the documents requested to be destroyed.
Source: 8 SDR 120, effective March 21, 1982.
10:03:02:02. Petitions to be filed with state records manager. All petitions for destruction shall be initially filed with the state records manager. The state records manager shall approve or disapprove requested destruction and shall submit approved petitions to the executive secretary of the board.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
10:03:02:03. Executive secretary to furnish copies of petitions to board members. The executive secretary shall furnish copies of the petitions filed with him to each member of the board at least five days before the meeting at which the board will act on the petitions.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-Reference: Meetings, § 10:03:01:06.
10:03:02:04 Sequence of board action. The board shall take, but not be limited to, the following actions:
(1) Provide opportunity for discussion of each petition;
(2) Vote for or against granting the petition;
(3) Transmit a certified copy of the board's action through the state records manager to the petitioning agency or unit of local government.
Source: 8 SDR 120, effective March 21, 1982.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11.
Cross-References: Acquisition of records submitted to records destruction board, SDCL 1-18C-7; Archivist must approve destruction of state records, § 24:51:01:01.
10:03:02:05. Authorized action by the board. The board may take the following actions:
(1) Authorize immediate destruction of records which have no further administrative, legal, fiscal, research, or historical value or which have insufficient administrative, legal, or fiscal value to warrant further keeping;
(2) Conduct a contested case hearing as provided by SDCL 1-26;
(3) Revoke any previous authorization granted by the board according to a retention and destruction schedule or otherwise provided the agency head or public officer having custody is given 15 days' advance notice and opportunity to protest through the contested case procedure in SDCL 1-26;
(4) Require further supporting evidence to a petition prior to taking board action;
(5) Authorize continuing current destruction of transitory use materials which include acquired copyrighted books, pamphlets, booklets, and newsletters; recordings used for routine dictation which is transcribed; rough drafts; and informal notations;
(6) Authorize destruction of records according to a records retention and destruction schedule; and
(7) Authorize destruction of the original of a record if the original has been recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original as authorized by SDCL 19-7-12, provided that any microfilm copy meets the standards set forth in chapter 10:04:02.
Source: 8 SDR 120, effective March 21, 1982; 39 SDR 203, effective June 10, 2013.
General Authority: SDCL 1-27-11.1, 1-27-16.
Law Implemented: SDCL 1-27-11, 1-27-18, 1-27-19.
Cross-Reference: Obsolete records listed by state agencies, SDCL 1-27-14.
