Montana Code 2-6-1012. Management of public records — disposal and destruction
2-6-1012. Management of public records — disposal and destruction. (1) (a) Each public officer is responsible for properly managing the public records within the public officer’s possession or control through an established records management plan that satisfies the requirements of this chapter.
Terms Used In Montana Code 2-6-1012
- Local government: means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities. See Montana Code 2-6-1002
- Local government records committee: means the committee provided for in 2-6-1201. See Montana Code 2-6-1002
- Public officer: means any person who has been elected or appointed as an officer of state or local government. See Montana Code 2-6-1002
- Public record: means public information that is:
(a)fixed in any medium and is retrievable in usable form for future reference; and
(b)designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee. See Montana Code 2-6-1002
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
(b)Executive branch agencies shall manage public records according to the provisions of Title 2, chapter 6, part 11, and the rules and guidelines established by the secretary of state, the state records committee, and the Montana historical society.
(c)Local governments shall manage public records according to the provisions of Title 2, chapter 6, part 12, and the rules and guidelines established by the secretary of state, the local government records committee, and the Montana historical society.
(d)Pursuant to 5-2-503 and 5-11-105, the legislative council shall administer the records management plan for the legislative branch. The legislative branch shall cooperate with the secretary of state, the state records committee, the local government records committee, and the Montana historical society in the development, implementation, and administration of the legislative records management plan using Title 2, chapter 6, part 11, as guidance.
(e)The judicial branch shall establish a records management plan. The judicial branch may seek assistance from the secretary of state, the state records committee, the local government records committee, and the Montana historical society regarding development, implementation, and administration of the judicial records management plan.
(2)When a public record has reached the end of its retention period, the public officer shall ensure the record is disposed of, destroyed, or transferred according to the provisions of this chapter.