North Dakota Code 54-46-08 – Determination necessary for final disposition of records – Review of state data
1. Prior to the final disposition of any type or class of record, the administrator, after consultation with the official or department head owning the record, the attorney general, the state auditor, and the state archivist, shall determine that the type or class of record has no further administrative, legal, or fiscal value and is subject to final disposition under section 54-46-08.1 or section 54-46-09.
Terms Used In North Dakota Code 54-46-08
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. Each departmental agency shall maintain, for at least one year, data contained in electronic mail accounts for agency heads, state officers appointed by the governor under chapter 44-02, and elected executive branch officials.
3. a. Each agency shall develop policies related to the assumption of employee account ownership upon employee departure. For an employee who holds a supervisory position or above, the agency shall place on hold an employee account to preserve the employee account if one of the following occurs: (1) The employee is involuntarily terminated; (2) The employee is placed on administrative leave; (3) The employee resigns or departs without notice; (4) The employee dies; or
(5) An event the agency deems sufficient to place the account on hold.
b. An agency shall ensure the employee account remains on hold until the account has been reviewed by the appropriate individual. The head of an agency, a records manager, or an employee designated by the head of an agency, shall review the employee account for all supervisory employees, except as required under subdivision c.
c. If the employee was the head of an agency, a state officer appointed by the governor under chapter 44-02, or an elected executive branch official, the employee account must be reviewed by the employee’s successor and, if the administrator deems it necessary, the state archivist. d. For purposes of this subsection:
(1) “Employee account” means physical files and electronic files, communications, attachments, and other information stored in an employee electronic mail account or electronic file storage account; (2) “Employee’s successor” does not include an individual acting in the successor’s role or position temporarily before a successor is appointed under section 44-02-03; and
(3) “On hold” means in a state of preservation in which nothing may be altered and for which access is immediately restricted to review by the appropriate individual as required under this subsection.
4. If a statute requiring retention of a record does not provide a specific retention period or specifically provide that the record be permanently retained, the administrator, after completing the consultation required by this section, shall establish a specific retention period for the record. The administrator shall annually survey the state agencies and shall order final disposition under section 54-46-08.1 or section 54-46-09 of any records which have been determined to have no further administrative, legal, or fiscal value pursuant to this section.