[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 8-17-1987 as Ord. No. 87-524. Amendments noted where applicable.]
The Board of Supervisors of Upper Merion Township desires to provide for the orderly retention, disposition and storage of those records created and received by the township. The General Assembly has enacted the Municipal Records Act and established the Local Government Records Committee to promulgate schedules for the retention and disposition of public records to aid municipalities in their management of public records. It is the intent of the Board of Supervisors to follow the schedules for the retention and disposition of public records promulgated by the Local Government Records Committee as authorized by the Municipal Records Act.
When used in this chapter, the following terms shall have the meanings indicated:
- The Board of Supervisors of Upper Merion Township.
- The Pennsylvania Historical and Museum Commission or any successor thereto.
- The Local Government Records Committee established pursuant to the Municipal Records Act.
- MUNICIPAL RECORDS ACT
- The Act of January 18, 1968, P.L. (1967) 961, as amended, 53 P.S. § 9001 et seq.
- PUBLIC RECORD
- Any paper, book, map, photograph or other documentary material, regardless of physical form or characteristic, made or received by the township or any agency of the township in pursuance of law or in connection with the exercise of its legitimate functions and the discharge of its responsibilities.
- RECORDS RETENTION AND DISPOSITION SCHEDULE
- The schedule for the retention and disposition of public records by municipalities promulgated by the Committee and set forth at 46 Pa. Code § 13-11 et seq.
- Upper Merion Township, Montgomery County, Pennsylvania.
A certain document, three (3) copies of which are presently on file in the office of the Township Secretary, marked "Records Retention and Disposition Schedule," as promulgated by the Commission and approved by the Committee, is hereby adopted as a part of this chapter as the schedule for the retention and disposition of original or reproduced public records by the township.
Any officer, commission or agency of the township shall have the authority to destroy the original documents of public records by burning or other disposition if all of the following conditions have been met:
The public records shall have been photographed, microfilmed or micrographed with the approval of and in conformance with the standards established by the Committee.
The Board shall have approved each individual act of destruction or other disposition by resolution.
The Commission shall have given its written consent by certificate to such destruction or other disposition.
A record of all public records destroyed or otherwise disposed of shall be kept for reporting purposes and shall list the date and method of disposal, a description of the public record sufficient for identification, inclusive dates of such public records, and quantity (cubic feet).
All public records, whether in the original form or in reproduced form as provided by § 44-4 of this chapter, shall be retained for the time periods set forth in the Records Retention and Disposition Schedule adopted by § 44-3 of this chapter. When the retention period has expired, the documents may be destroyed by burning or other disposition if the requirements in § 44-4A(1) to (3) have been met. A record of all public records destroyed or otherwise disposed of shall be kept for reporting purposes and shall list the date and method of disposal, a description of the public record sufficient for identification, inclusive dates of such public records and quantity (cubic feet).
Nothing in this chapter shall prevent the township from retaining any public record or records longer than the periods provided in the Records Retention and Disposition Schedule approved by the Committee.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any permit issued or any cause or causes of action existing prior to the adoption of this chapter.