§5A-8-1. Short Title
This article shall be known as the "Records Management and Preservation of Essential Records Act."
§5A-8-10. Essential State Records Preservation Duplicates
(a) The agency head may make or cause to be made preservation duplicates or may designate as preservation duplicates existing copies of essential state records. A preservation duplicate shall be durable, accurate, complete, and clear, and a preservation duplicate made by means of photography, microphotography, photocopying, film, microfilm, electronic file, or digital image stored on […]
§5A-8-11. Essential State Records Safekeeping
(a) The administrator shall prescribe a manner of safekeeping of essential state records and preservation duplicates and may establish, with the approval of the Legislature, storage facilities therefor. The administrator may provide for physical storage outside the state or electronic storage. (b) When in the opinion of the administrator the legally designated or customary location […]
§5A-8-12. Essential State Records Maintenance, Inspection, and Use
[Repealed.]
§5A-8-13. Essential State Records Confidential Records
Any agency subject to this article shall control and at all times be the owner of its records. When a state record is required by law to be treated in a confidential manner and is an essential state record, the agency, in effectuating the purpose of this article with respect to such state record, shall […]
§5A-8-14. Essential State Records Review of Program
The administrator shall review the program at least annually for the selection and preservation of essential state records designated by the agencies, including the classification of records and the provisions for preservation duplicates, and for safekeeping of essential state records or preservation duplicates to ensure that the purposes of this article are accomplished.
§5A-8-15. Records Management and Preservation of County Records; Alternate Storage of County Records; Records Management and Preservation Board; Qualifications and Appointment of Members; Reimbursement of Expenses; Staffing; Rule-Making Authority; Study of Records Management Needs of State Agencies; Grants to Counties
The Legislature finds that the use of electronic technology and other procedures to manage and preserve public records by counties should be uniform throughout the state where possible. (a) The governing body and the chief elected official of a county, hereinafter referred to as a county government entity, whether organized and existing under a charter […]
§5A-8-16. Assistance to Legislative and Judicial Branches
Upon request, the records administrator shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of state government pursuant to the provisions of this article.
§5A-8-17. Disposal of Records
(a) Except as provided in 57-1-7a of this code, no record shall be destroyed or otherwise disposed of by any agency of the state, unless it is determined by the administrator and the Director of Archives and History within the Department of Arts, Culture, and History that the record has no further administrative, legal, fiscal, […]
§5A-8-18. Destruction of Nonrecord Materials
Nonrecord materials or materials not included within the definition of records as contained in this article may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the administrator. The administrator may formulate procedures and interpretations to guide in the disposal […]
§5A-8-19. Annual Report
The administrator shall make an annual written report to the Governor for transmission to the Legislature. The report shall describe the status and progress of programs established pursuant to this article and shall include the recommendations of the administrator for improvements in the management and preservation of records in state government.
§5A-8-2. Declaration of Policy
The Legislature declares that programs for the efficient and economical management of state and local records will promote economy and efficiency in the day-to-day record-keeping activities of state and local government and will facilitate and expedite government operations; that records containing information essential to the operation of government and to the protection of the rights […]
§5A-8-20. Alternate Storage of State Records
(a) Findings and purpose. — The Legislature finds that continuous advances in technology have resulted and will continue to result in the development of alternate formats for the nonerasable storage of state records, and that the use of such alternative storage formats, where deemed advisable, promote the efficient and economical administration of government and provide […]
§5A-8-21. Limitation on Release of Certain Personal Information Maintained by State Agencies and Entities Regarding State Employees
(a) The following personal information maintained by executive, legislative, or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees, or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure, as an unreasonable invasion of privacy, to non-governmental entities in documents […]
§5A-8-22. Personal Information Maintained by State Entities
(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents is personal information exempted from disclosure as an unreasonable invasion of privacy under the provisions of 29B-1-1 et seq. of this code, and may not be released to non-governmental entities: (1) An individuals Social Security number; or
§5A-8-23. Limitation of Liability
This article creates no liability upon any person acting in his or her capacity as a state officer, employee, or retiree or former employee of the State of West Virginia; or upon the legal dependents, heirs and assignees of any such person; nor, upon any agency of the executive, legislative, or judicial branch of government […]
§5A-8-24. Protection of Personal Information Relating to Judicial Officers, Prosecutors, and Law-Enforcement Officers
(a) This section shall be known as Daniels Law. (b) This act shall be liberally construed in order to accomplish its purpose and the public policy of this state, which is to enhance the safety and security of certain public officials in the justice system, including judicial officers, prosecutors, federal and state public defenders, federal […]
§5A-8-3. Definitions
As used in this article: “Agency” means any department, office, commission, board, or other unit, however designated, of the executive branch of state government. “Agency Records Manager” means an employee appointed by the agencys chief executive officer or agency head to manage the agencys records inventory and to act as liaison with the administrator. “Disaster” […]
§5A-8-4. Categories of Records to Be Preserved
State or local records which are within the following categories are essential records which shall be preserved pursuant to this article: Category A. Records containing information necessary to the operation of government in the emergency created by a disaster. Category B. Records not within category A but containing information necessary to protect the rights and […]
§5A-8-5. State Records Administrator
The Secretary of the Department of Administration is hereby designated the state records administrator, hereinafter called the administrator. The secretary may designate someone within the department to carry out the duties of the administrator. The administrator shall establish and administer in the Department of Administration of the executive branch of state government a records management […]