Property Tax Section Local Government Division Records Retention Records Retention.

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Presentation transcript:

Property Tax Section Local Government Division Records Retention Records Retention

Overview  The NC Office of Archives and History creates the rules that all state and local governmental units must follow regarding records retention  The OAH website provides appropriate schedules for most county departments: IMPORTANT: Be sure to look at the 2008 amendment to the Tax Administration rules

About the Tax Admin. Schedule  The Schedule provides an overview of public records in general, and approved methods for their destruction  The Schedule provides only the minimum length of time for which records must be retained; there may be circumstances which dictate that records be kept for a longer period  Any questions about the appropriate retention period should be directed to legal counsel or the state Attorney General’s office

Tax Admin. Schedule Updates  The Office of Archives & History is in the process of updating records retention schedules  Municipal schedules have been updated as of September 10, 2012, and updated county schedules will come at a later date  Based on the municipal schedules, we don’t anticipate significant changes to the county schedules, but be on the lookout for announcements from OAH or the SOG

Disaster Situations  In the event of a flood, fire, or other disaster affecting public records, 1.As soon as it is safe to do so, secure the area containing any damaged records 2.Contact the NC Division of Historical Resources, which has a disaster response team that can provide advice and assistance 3.For water-damaged records, ventilate the area to inhibit mold growth 4.Do not attempt to move or clean damaged records unless directed by NCDHR

Records With Short-Term Value  Some items are technically public records, but aren’t specifically on the schedule, because they are only useful for a limited time. For example: – fax cover sheets or routing slips containing nothing of significance to the transmitted material – reservations and confirmations – personal messages or unrelated to official business – preliminary or rough drafts containing no significant information that is not also contained in the final draft – The records described above may be disposed of when their reference value ends

Organization of the Schedule  The schedule is organized into “Standards,” or categories of records: – Standard-1: Administration & Management Records – Standard-2: Budget, Fiscal & Payroll Records – Standard-3: Legal Records – Standard-4: Personnel Records – Standard-5: Public Relations Records – Standard-6: Appraisal Records – Standard-7: Collection Records – Standard-8: Land Records – Standard-9: Motor Vehicle Records

Organization of the Schedule  The first five standards are basically the same for all county offices. The last four are specific to the tax office. They were amended in  Each standard lists the type of record involved, the appropriate disposition, and, in some cases, the statutory reference for that record  Disposition ranges from “destroy when no longer useful” to “keep forever,” but most records can be destroyed after some particular period of time

Destroy When Administrative Value Ends: Examples  Skiptracing records for collections  Backup GIS records which are obsolete or superseded  Execution forms from an unsuccessful levy, seizure & sale  Lists submitted to NCDMV for MV blocks  NCDMV registration tapes/disks  STARS printouts

Destroy After (the sooner of) 10 Years or 2 Reappraisal Cycles: Examples  Appraiser field notes relating to discoveries  Public Service Company valuations  Property Record Cards  Reports in Aid of Listing  Tax Abstracts/listing forms  Schedules of Values  GIS records (cautiously – may have historical value)  Written parcel records (surveys, deeds, etc.)

Destroy After a Certain Time: Examples  8 Years: Board of E&R appeal files  4 Years: PTC appeal files (after finalized)  3 Years: Attachment, garnishment, bankruptcy, debt setoff, foreclosure, levy& seizure records (after finalized)  1 Year: Denied PUV & exemption applications; monthly collector reports

Special Situations: Examples  Board of E&R minutes are to be kept permanently  Most maps, aerial photos, etc. can’t be destroyed without approval from the state Archives office  Tax scrolls and books from before 1900, and every decade after 1900 are to be transferred to the state Archives office  Tax bills are not public records, but Archives recommends keeping them for 3 years

Summary  The NC Office of Archives and History has the authority to regulate the disposition of all NC public records  Check the most recent version of the records retention schedule before getting rid of anything  Check with your county/municipal attorney, or the AG’s office if it’s not clear how to proceed