If a city does not have an ordinance governing the destruction of records and a clerk wants to destroy records, what must the clerk do?

• A. The clerk must get permission from the State Library and Archives Commission to destroy the records.
• B. Destroy the records immediately.
• C. Obtain approval from the mayor.
• D. File the intent to destroy with the county clerk.

Answer: (A)

When there’s no local ordinance governing destruction, the state agency that oversees public records is the gatekeeper for any disposal. The fundamental idea here is that destroying records is a regulated action to protect information of potential legal, historical, or administrative value. Because of that, the clerk must obtain permission from the State Library and Archives Commission before destroying the records. The commission reviews the records, checks the retention schedules, and approves destruction only if the records no longer have value or legal standing. This prevents premature or improper disposal. Destroying records immediately, seeking the mayor’s approval, or filing an intent with the county clerk aren’t the required steps in this situation.