[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

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