YSC, Title 9.  Public Property, Purchasing & Contracts
 
 
 
Chapter 3.  Archives and Records

301.  Title.
302.  Purpose.
303.  Definitions.
304.  Office of Archives and Records Management.
305.  Duties of the Office.
306.  Powers of the Office.
307.  Legal title to public records, name.
308   Archives advisory council.
309.  Penalties.
310.  Severability.

     301.  Title.
     This chapter may be known and cited as the "Yap State Archives and Records Management Act".

          Source:  YSL 4-92 1 (Section 301), modified.

     302.  Purpose.
     The purpose of this chapter is to establish and empower an office to receive, manage and preserve all public records of State agencies and other non-government organizations to which archival services may be extended.

          Source:  YSL 4-92 1 (Section 302), modified.

     303.  Definitions.
     Unless the context clearly requires otherwise, the term:

     (a)  "Agency" means any authority, corporation, board, commission, department, office or branch of the State Government or political subdivision thereof as established or authorized by State law.

     (b)  "Archivist" means the person appointed to the position of State Archivist and head of the Office of Archives and Records Management.

     (c)  "Director" means the Director of the Office of Administrative Services.

     (d)  "Non-government organization" means any private legal entity in the State.

     (e)  "Office" means the Office of the Archives and Records Management.

     (f)  "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other materials, regardless of physical form or characteristics, made, produced, executed or received by any agency in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its successor as evidence of the organization, functions, policies, or activities of the State or of the State Government.

          Source:  YSL 4-92 1 (Section 303), modified.

     304.  Office of Archives and Records Management.
     The Office of Archives and Records Management is hereby established in the Office of Administrative Services.  The Office shall be under the immediate supervision and management of the State Archivist.  The Director shall have general administrative responsibility over the Office.

          Source:  YSL 4-92 1 (Section 304), modified.

     305.  Duties of the Office.
     The Office shall:

     (a)  Have legal custody, control, management and preservation of all public records;

     (b)  Promote the efficient and economical administration of public records;

     (c)  Make public records available to the public in accordance with established regulations and policies issued by the Office;

     (d)  Advise government agencies on matters relating to the creation, storage, duplication, preservation, transfer and disposal of public records;

     (e)  Encourage public awareness of the existence, value and use of public records and other historical resources relating to Yap State;

     (f)  Extend, with reasonable conditions, archival services to non-government organizations;

     (g)  Observe any rights, limitations or restrictions imposed by law, regulation or court order which limit access to certain records or which permit access to certain records only after the removal of all personally identifiable data; and

     (h)  Perform such other duties over public records as its mandates may require.

Source:  YSL 4-92 1 (Section 305), modified.

     306.  Powers of the Office.
     The Office may:

     (a)  Require and receive from any agency into permanent custody public records when the records are five years or more from the date of creation, unless the agency is required by State law, regulation or order of the court to retain custody of the records;

     (b)  Inspect any public records under the control of any agency to verify compliance with this chapter or any regulations or policies promulgated under this chapter;

     (c)  Require any agency to comply with any requirements relating to preservation, security, transfer, and management of public records;

     (d)  Restrict on a temporary basis access to fragile or rare public records until access thereto may be provided without any risk of loss, damage or destruction;

     (e)  Certify as true copies of archival records and adopt its own official seal;

     (f)  Allow members of the public to use microfilm equipment or similar equipment for private purposes in return for the payment of reasonable fees; or

     (g)  Issue regulations or policies relating to the management, preservation, security, transfer, access, and disposal of public records and reasonable fees for research, duplication, and other services relating to public records.  The regulations and policies shall be consistent with this chapter and applicable State laws and approved by the Director.

          Source:  YSL 4-92 1 (Section 306), modified.

     307.  Legal title to public records, name.
     All public records are the exclusive property of Yap State Government and shall not be transferred to any other party, unless otherwise authorized by this chapter, State law or an order of the court.  The name "Yap State Office of Archives and Records Management" , "State Archives of Yap" , "Archives of Yap" , or "Yap Archives" shall not be used by any other agency or person.

          Source:  YSL 4-92 1 (Section 307), modified.

     308.  Archives advisory council.
     An advisory council is hereby established to advise the Archivist and the Director on matters relating to public records.

     (a)  The council shall be composed of three members appointed by the Governor.  Each member shall serve at the pleasure of the Governor.

     (b)  The council shall designate one of its members as its chairperson.  It shall meet at least once a year and the presence of two members shall constitute a quorum for the transaction of business at any council meeting.  The council may establish its own procedures for transacting business.  It may require the attendance of the Archivist and Director at any of its meetings.  The Archivist shall provide administrative support to the council.

     (c)  The council shall review and advise on all proposed regulations and policies of the Office.

     (d)  The council shall assist the Office in its requests for public and private funding for special projects.

          Source:  YSL 4-92 1 (Section 308).

     309.  Penalties.
     Any person who wilfully tampers with, alters, destroys, disposes of, or exports any public records without prior written approval of the Archivist, or who wilfully violates any provision of this chapter or any regulations promulgated pursuant to this chapter, shall upon conviction thereof be imprisoned for not more than one year, or fined not more than $5,000.00, or both.

          Source:  YSL 4-92 1 (Section 309).

     310.  Severability.
     If any provision of this chapter, regulation or order promulgated hereunder, or the application of any such provision, regulation or order to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this chapter, or any regulations or orders promulgated pursuant thereto that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

          Source:  YSL 4-92 1 (Section 310).