2006 Ohio Revised Code - 149.38. County records commission.

§ 149.38. County records commission.
 

(A)  There is hereby created in each county a county records commission, composed of the president of the board of county commissioners as chairperson, the prosecuting attorney, the auditor, the recorder, and the clerk of the court of common pleas. The commission shall appoint a secretary, who may or may not be a member of the commission and who shall serve at the pleasure of the commission. The commission may employ an archivist to serve under its direction. The commission shall meet at least once every six months, and upon call of the chairperson. 

(B)  The functions of the county records commission shall be to provide rules for retention and disposal of records of the county and to review applications for one-time records disposal and schedules of records retention and disposal submitted by county offices. Records may be disposed of by the commission pursuant to the procedure outlined in this section. The commission, at any time, may review any schedule it has previously approved and, for good cause shown, may revise that schedule, subject to division (D) of this section. 

(C)  When the county records commission has approved county records for disposal, a copy of a list of those records shall be sent to the auditor of state. If the auditor of state disapproves the action by the commission in whole or in part, the auditor of state shall so inform the commission within a period of sixty days, and those records shall not be destroyed. Before public records are to be disposed of, the commission shall inform the Ohio historical society and give the society the opportunity for a period of sixty days to select for its custody such records as it considers to be of continuing historical value. When the Ohio historical society is so informed that public records are to be disposed of, the county records commission also shall notify the county historical society, and any public or quasi-public institutions, agencies, or corporations in the county that have provided the commission with their name and address for these notification purposes, that the Ohio historical society has been so informed and may select records of continuing historical value, including records that may be distributed to any of the notified entities under section 149.31 of the Revised Code. 

(D)  The rules of the county records commission shall include a rule that requires any receipts, checks, vouchers, or other similar records pertaining to expenditures from the delinquent tax and assessment collection fund created in section 321.261 [321.26.1] of the Revised Code, from the real estate assessment fund created in section 325.31 of the Revised Code, or from amounts allocated for the furtherance of justice to the county sheriff under section 325.071 [325.07.1] of the Revised Code or to the prosecuting attorney under section 325.12 of the Revised Code to be retained for at least four years. 

(E)  No person shall knowingly violate the rule adopted under division (D) of this section. Whoever violates that rule is guilty of a misdemeanor of the first degree. 
 

HISTORY: GC § 1465-120; 124 v 485; Bureau of Code Revision, 10-1-53; 128 v 1021 (Eff 10-19-59); 138 v H 466 (Eff 8-8-80); 141 v H 201 (Eff 7-1-85); 141 v H 238 (Eff 7-1-85); 141 v H 428 (Eff 12-23-86); 144 v S 243. Eff 8-19-92; 150 v H 204, § 1, eff. 11-5-04.

 

Effect of Amendments

150 v H 204, effective November 5, 2004, inserted "county records" in (B) and (D); rewrote (C); and made minor stylistic and gender neutral changes.