2023 District of Columbia Code › Title 2 - Government Administration › Chapter 17 - Public Records Management › § 2–1706. Maintenance of public records

§ 2–1706. Maintenance of public records.
*NOTE: This section includes amendments by temporary legislation that will expire on January 25, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a)(1) Any record created or received by the District in the course of official business, including records created or received electronically, is the property of the District and, except as provided in paragraph (2) of this subsection, shall not be destroyed, sold, transferred, or disposed of in any manner, including through the enabling of settings on electronic devices that allow for the non-retention or automatic deletion of records.
(2)(A) A record may be destroyed, sold, transferred, or disposed of as prescribed by law, by records retention schedules, or by other authorization approved by the Committee; provided, that an authorization approved by the Committee shall not be effective until 45 days after its publication in the District of Columbia Register.
(B) Any records retention schedule or procedure which is in effect on September 5, 1985, shall remain in effect until it is amended or repealed pursuant to this chapter.
(a-1) No electronic mail shall be deleted or destroyed until new rules and regulations for the retention of electronic mail are submitted to and approved by the Council pursuant to § 2-1702(e). Such rules and regulations shall be submitted within 60 days of June 13, 2008.
(b) It shall be the responsibility of each agency to develop:
(1) Records containing adequate documentation of its organization, functions, policies, decisions, procedures, and essential transactions; and
(2) A continuing program for the economical and efficient management of its records in compliance with the instructions and directives issued by the Administrator with respect to the organization, retention, disposal, storage, photographing, and microphotographing of its records.
(c) An employee at each agency shall be designated as the records management officer of the agency, who shall develop and carry out the records management program of the agency and provide liaison with the Administrator.
(d) Any inactive public record of the District which is deemed to have continuing historical or other significance shall be transferred to the District of Columbia Archives to be properly preserved, arranged, described, and made available for reference purposes.
(Sept. 5, 1985, D.C. Law 6-19, § 7, 32 DCR 3590; Apr. 12, 2000, D.C. Law 13-91, § 131, 47 DCR 520; June 13, 2008, D.C. Law 17-175, § 2(c), 55 DCR 5387; June 14, 2023, D.C. Law 25-20, § 2(b), 70 DCR 6341.)
Prior Codifications
1981 Ed., § 1-2906.
Section References
This section is referenced in § 2-1701.
Effect of Amendments
D.C. Law 13-91, in par. (2) of subsec. (b), deleted “pursuant to § 1-2902(d) 1981 Ed ,” preceding “with respect to”.
D.C. Law 17-175, in subsec. (a)(2)(A), inserted “; provided, that an authorization approved by the Committee shall not be effective until 45 days after its publication in the District of Columbia Register”; and added subsec. (a-1).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Fidelity in Access to Government Communications Clarification Emergency Amendment Act of 2023 (D.C. Act 25-56, Mar. 24, 2023, 70 DCR 3809).
For temporary (90 days) amendment of this section, see § 2(b) of Fidelity in Access to Government Communications Clarification Emergency Amendment Act of 2022 (D.C. Act 24-355, Mar. 28, 2022, 69 DCR 002633).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Fidelity in Access to Government Communications Clarification Temporary Amendment Act of 2023 (D.C. Law 25-20, June 14, 2023, 70 DCR 6341).
For temporary (225 days) amendment of this section, see § 3(b) of Community Service Graduation Requirement Waiver Regulation Temporary Amendment Act of 2022 (D.C. Law 24-135, June 30, 2022, 69 DCR 004413).