South Carolina Public Records Act (S.C. Code Ann. §30-1-100, et. seq.)(SCPRA); South Carolina Department of Archives and History Regulations 12-800, et. seq. South Carolina Rules of Civil Procedure; Federal Rules of Civil Procedure (E-discovery).
BASED ON POLICY NUMBER AND TITLE:
2-16-0 CPR 2: PRESIDENT'S RESPONSIBILITIES
The purpose of this procedure is to provide a cost effective and efficient approach to the creation, utilization, maintenance, retention, preservation, and disposal of public records created by Trident Technical College (TTC) while remaining in compliance with applicable State and Federal laws and regulations.
The SCPRA defines public records as “all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form . . . [that are] in the possession of . . . a public body. South Carolina law requires all TTC employees to strictly adhere to the following when creating, revising, referencing, and storing documents identified as “public records” by the SCPRA. Only the original copy of a public record is subject to the following procedure. Convenience copies of public records may be deleted or destroyed when the copies are no longer needed without authorization from the TTC Records Custodian. You should send questions and information related to this procedure to the Records Custodian.
I. Creation of Public Records
All records created by TTC employees in furtherance of the mission of TTC must be treated as public records from the time the record is created until the record is destroyed, deleted, or permanently archived, in accordance with the guidelines of this procedure.
II. Retention of Public Records
Under the Public Records Act, public records created by TTC may not be disposed of without authorization from the South Carolina Department of Archives and History (SCDAH). The SCDAH has authored regulations that control how long public records must be retained, and TTC has adopted these regulations and you can access them in the TTC Portal. Additionally, the Public Records Act authorizes the President of TTC to appoint a Records Custodian to coordinate with the SCDAH to ensure public records are retained in compliance with all relevant State and Federal law.
A. Retention of Public Records in the Originating Office
The office that creates a public record must keep the record in that office until the record’s retention time expires. A TTC employee who “unlawfully removes a public record from the office where it usually is kept or alters, defaces, mutilates, secretes, or destroys it is guilty of a misdemeanor.” S.C. Code Ann § 30-1-30 (2005).
B. Retention of Public Records in Storage by the TTC Records Custodian
Records scheduled for permanent archival must be stored according to the conditions outlined in the Public Records Act for the duration of the retention time of the records. The records must either be stored in a TTC document storage facility or in the SCDAH warehouse if necessary or applicable.
1. Identification of Contents of Public Records Storage Boxes
The contents of the box must be clearly identified using a TTC Document Storage Box Label , located in the TTC Portal. When the office retention time of public records expires, or if you run out of room to store the records in your office, contact the Records Custodian.
2. Retrieval of Public Records
Records should be stored in a manner so that they may be easily retrieved if needed.
III. Ultimate Disposition and/or Destruction of Documents
Records may only be destroyed pursuant to the guidelines set by the SCDAH which are located in the TTC Portal. All necessary forms must be completed and forwarded to the SCDAH at the time the records are destroyed. If you have documents that can be destroyed pursuant to the records retention guidelines, you must fill out Form ARM11 . This form and instructions for completing it are located in Portico. Forward the completed form to the Records Custodian at PO-C. Once the form is verified and signed, the Records Custodian will inform you that you may destroy the documents. The Records Custodian will send the completed Form ARM11 to the SCDAH.