54-46-08. Determination necessary for final disposition of records - Review of state
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data.
1. Prior to the final disposition of any type or class of record, the administrator, after
consultation with the official or department head owning the record, the attorney
general, the state auditor, and the state archivist, shall determine that the type or class
of record has no further administrative, legal, or fiscal value and is subject to final
disposition under section 54-46-08.1 or section 54-46-09.
2. Each departmental agency shall maintain, for at least one year, data contained in
electronic mail accounts for agency heads, state officers appointed by the governor
under chapter 44-02, and elected executive branch officials.
3. a. Each agency shall develop policies related to the assumption of employee
account ownership upon employee departure. For an employee who holds a
supervisory position or above, the agency shall place on hold an employee
account to preserve the employee account if one of the following occurs:
(1)The employee is involuntarily terminated;
(2)The employee is placed on administrative leave;
(3)The employee resigns or departs without notice;
(4)The employee dies; or
(5)An event the agency deems sufficient to place the account on hold.
b. An agency shall ensure the employee account remains on hold until the account
has been reviewed by the appropriate individual. The head of an agency, a
records manager, or an employee designated by the head of an agency, shall
review the employee account for all supervisory employees, except as required
under subdivision c.
c. If the employee was the head of an agency, a state officer appointed by the
governor under chapter 44-02, or an elected executive branch official, the
employee account must be reviewed by the employee's successor and, if the
administrator deems it necessary, the state archivist.
d. For purposes of this subsection:
(1)"Employee account" means physical files and electronic files,
communications, attachments, and other information stored in an employee
electronic mail account or electronic file storage account;
(2)"Employee's successor" does not include an individual acting in the
successor's role or position temporarily before a successor is appointed
under section 44-02-03; and
(3)"On hold" means in a state of preservation in which nothing may be altered
and for which access is immediately restricted to review by the appropriate
individual as required under this subsection.
4. If a statute requiring retention of a record does not provide a specific retention period
or specifically provide that the record be permanently retained, the administrator, after
completing the consultation required by this section, shall establish a specific retention
period for the record. The administrator shall annually survey the state agencies and
shall order final disposition under section 54-46-08.1 or section 54-46-09 of any
records which have been determined to have no further administrative, legal, or fiscal
value pursuant to this section.