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Public Records and Archives
Folks,
In the state of Arizona, materials in the libraries, museums and archives
of public institutions (e.g., local government agencies, "public" universities,
state agencies) are exempt from the state records laws where the material
has been made or acquired solely for reference or exhibition purposes.
This would not apply of course to the "business" records of such entities.
I presume that other states also have such provision in their state records
laws for public institutions. Because this material is not a public
record by definition, I see no restraint on access restrictions under the
records law. That does not mean that other institutional policy
may prevail. I do know that the University of Arizona has the papers
of former legislators that are restricted for a number of years and to
my knowledge no one has tried to make an issue of that. I would check
with counsel if you decide to take in collections with restrictions.
I'm certain that such material could be subpoenaed in litigation.
This should probably be made clear to the donor in case they think they
have somehow shielded themselves from litigation. This is not a legal
opinion just my personal thoughts. Dick King, University of Arizona