Maine Revised Statutes Title 5 Sec. 95-B – Local government records
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The following provisions apply to local government records. [PL 1995, c. 148, §10 (NEW).]
1. Omissions or errors corrected. When omissions or errors exist in local government records, those records must be corrected under oath by the person who was responsible for those local government records, whether or not that person remains in office.
A. If an original town meeting warrant is lost or destroyed, the return may be made or amended on a copy of it. [PL 1995, c. 148, §10 (NEW).]
[PL 1995, c. 148, §10 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 95-B
- Local government: means a municipality, county, school district or other special-purpose district or multi-purpose district. See Maine Revised Statutes Title 5 Sec. 92-A
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Records retention schedule: means a policy document that defines the minimum time a record must be retained and contains disposition instructions on how the record must be handled when no longer needed for agency business. See Maine Revised Statutes Title 5 Sec. 92-A
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Safe or vault for preservation. Each local government shall provide a fireproof safe or vault for the preservation of all records that must be retained permanently but are not required for business purposes. The official having responsibility for those records shall deposit them in the safe or vault where those records must be kept except when required for use.
A. [PL 2019, c. 50, §8 (RP).]
B. [PL 2019, c. 50, §8 (RP).]
C. [PL 2019, c. 50, §8 (RP).]
[PL 2019, c. 50, §8 (AMD).]
2-A. Retention of archival records currently in digital form.
[PL 2019, c. 50, §9 (RP).]
3. Attestation. The records of a local government official may be attested by volume. Each document is sufficiently attested when the volume in which it is recorded bears the attestation with the written signature of the official.
[PL 1995, c. 148, §10 (NEW).]
4. Delivery to successor in office. Local government officials shall deliver the records of their office to their successors in office upon the expiration of the officials’ terms.
[PL 1995, c. 148, §10 (NEW).]
5. Records available for public use. Each local government official shall make records available for public use under that official’s supervision at reasonable times unless the use of the records is otherwise restricted by law.
[PL 1995, c. 148, §10 (NEW).]
6. Protection of records. Local government officials shall carefully protect and preserve the records of their office from deterioration, mutilation, loss or destruction.
[PL 1995, c. 148, §10 (NEW).]
7. Disposition of records. Records may not be destroyed or otherwise disposed of by any local government official, except as provided by the records retention schedule established by the State Archivist pursuant to section 95?C, subsection 2, paragraph A, subparagraph (3). Records that have been determined to possess archival value must be preserved by the municipality.
[PL 2019, c. 50, §10 (AMD).]
8. Rules adopted by State Archivist. Each local government official shall comply with the standards, procedures and rules adopted by the State Archivist.
[PL 2019, c. 50, §10 (AMD).]
SECTION HISTORY
PL 1995, c. 148, §10 (NEW). PL 1997, c. 636, §8 (AMD). PL 2001, c. 704, §§1,2 (AMD). PL 2019, c. 50, §§8-10 (AMD).