ORDINANCE NO. BL2017-657

An ordinance amending section 2.140.010 et seq. of the Metropolitan Code adding section 2.140.070 to vest permanent possession and retention of any record transferred to the Metropolitan Government Archives division of the Nashville Public Library in the Metropolitan Archives and Nashville Public Library and to provide authority for the Metropolitan Archives to destroy such records when appropriate.

WHEREAS, the Metropolitan Public Records Commission has unanimously recommended the transfer of title of Metropolitan Government records to Archives at the time of physical transfer to Archives at its meeting on November 1, 2016; and,

WHEREAS, the Metropolitan Government Archives division of the Nashville Public Library (“Archives”) currently maintains records of enduring historical value of the Metropolitan Government of Nashville and Davidson County as well as select records of the judicial system of Metropolitan Nashville and Davidson County; and,

WHEREAS, the Archives currently has no authority under the Metropolitan Code to consult or influence the originating office or department’s ability to remove records from the Archives; and,

WHEREAS, records may currently be removed by Metropolitan Government departments from the Archives without notice, which negatively impacts the long term storage and preservation of historically significant items; and,

WHEREAS, vesting permanent custody of records transferred to the Archives in the Archives will allow the Archives to manage the archival records of the Metropolitan Government more efficiently; and,

WHEREAS, authorizing the Library Director and Archivist to destroy original records lacking historical or legal value which have been converted to an appropriate alternative media will alleviate the growing need for the physical storage of records; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this amendment to the contract be approved.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: Title 2 of the Metropolitan Code of Laws is amended by adding section 2.140.070, entitled Staff, in its entirety and inserting the following language:

2.140.070 Retention, possession, and destruction of records transferred to metro archives

A. Upon the transfer of possession of any record to the Archives division of the Nashville Public Library, such records shall become the permanent property of and permanently retained by the Archives division of the Nashville Public Library. The Archivist, under the direction of the Library Director, shall have the authority to destroy originals of such records if such records have been converted to media of such quality which shall meet the minimum standards of the United States government or are judged by the Archivist to lack historical or legal value as a permanent record.

Section 2: That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Colby Sledge, Angie Henderson

LEGISLATIVE HISTORY

Introduced: April 4, 2017
Passed First Reading: April 4, 2017
Referred to: Parks, Library, and Recreation Committee
Personnel, Public Information, Human Relations, and Housing Committee
Passed Second Reading: April 18, 2017
Passed Third Reading: May 2, 2017
Approved: May 8, 2017
By: Mayor's signature

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