Appendix D: Sample Resolution to Establish a County Archives

APPENDIX D

SAMPLE RESOLUTION TO ESTABLISH A COUNTY ARCHIVES

                WHEREAS, Tennessee Code Annotated, Title 10, Chapter 7, requires that records of permanent value be preserved and made available for public inspection; and

                WHEREAS, the Secretary of the State of Tennessee, through the Tennessee State Library and Archives, advises that the most effective and economical means of achieving this public benefit with respect to the keeping of older local records is through the administration of a local government archives;

                NOW, THEREFORE, BE IT RESOLVED, by the county legislative body of _______________ County, Tennessee, meeting in regular session at _______________________________, Tennessee, that

Section 1.  The County Archives of ___________________ County is hereby established as a department of county government to operate according to the rules and regulations set by the _______________ County Public Records Commission and under the direction of the county mayor;

Section 2.  Pursuant to T.C.A. § 5-6-106(c), the county  mayor shall appoint a archives manager subject to the confirmation of the county legislative body. The manager shall report to and serve at the pleasure of the county mayor.

Section 3. The archives shall be the repository for inactive permanent records of the County that are no longer required by county offices for current operations, and county government offices shall transfer inactive records to the archives upon the completion of their retention terms set by the public records commission.

Section 4.  The archives shall hold title, dominion, and control of the said records in trust for the citizens and government of _______________ County, and shall permit no harm nor loss to the records to deprive the citizens and government of the county of the property or benefit of the said records.

Section 5.  The archives shall keep and maintain the said records and shall make them available for public inspection according to the pertinent provisions of Title 10, Chapter 7 of the Tennessee Code Annotated, in accordance with archival standards and advice set by the state archives of the Tennessee State Library and Archives, and in accordance with rules and regulations set by the county public records commission.

Section 6.  The archives shall be appropriated funds each year by the county legislative body for the necessary facilities, salaries, supplies, services, furnishings, utilities, and other costs to administer the said records.

Section 7.  The archives may charge and receive copying fees for the copying of documents in the archives according to a fee schedule proposed by the county public records commission and approved by the county legislative body. Any revenue generated by such fees shall be turned over to the trustee to be deposited in the county general fund but shall be earmarked for expenditure solely for the procurement of archival supplies and services that will help to preserve and protect the records of the county and other valuable historical documents entrusted to the care of the archives.

Section 8.  The archives may, with the concurrence of the county public records commission, accept donations of historical materials that are of historical value in documenting the historical experience of the citizens of __________ County, provided that a duly executed deed of gift, accepted on behalf of the county by the county mayor, shall govern the receipt and administration of all such donations, which donations shall be held by the archives in trust for the benefit of the citizens of _________________ County.

This resolution shall be effective upon its passage and approval, the public welfare requiring it.

Adopted this ________________ day of _____________________________, _________.

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APPROVED:  County Mayor

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ATTEST:  County Clerk