State of New Jersey
Executive Order #49

Acting Governor Richard J. Codey

WHEREAS, the State Records Committee has the statutory responsibility to promulgate standards, schedules, and regulations for creation, retention, and final disposition of public records of State agencies in the State of New Jersey; and

WHEREAS, the State Records Committee seeks to foster integrity, economy, efficiency, and effectiveness in the management of the public records of State agencies in New Jersey; and

WHEREAS, improved management of the public records will enhance state agencies' promptness and accuracy in responding to public requests for access to records under the provisions of the Open Public Records Act; and

WHEREAS, electronic and digital technologies are rapidly transforming practices for managing State agencies' public records; and

WHEREAS, many State agencies' records retention schedules may mandate lengthy or permanent retention of records that are no longer needed for the legal, fiscal, administrative, or historical purposes of the State, or for protection of the rights, privileges, and property of the public; and

WHEREAS, the storage of State agencies' records in state-owned and leased warehouses or commercial facilities may include obsolete public records, which drains scarce public resources; and

WHEREAS, the Division of Archives and Records Management in the Department of State is mandated by law to classify public records and assess retention requirements in cooperation with State agencies, and to propose appropriate retention schedules to the State Records Committee for adoption;

NOW, THEREFORE, I, RICHARD J. CODEY, Acting Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  1. The Division of Archives and Records Management (DARM), in coordination with the State Records Committee (SRC), shall undertake and direct a global review of State agency records retention schedules, practices and procedures in partnership with all agencies in the Executive Branch of State government.

  2. The purpose of this coordinated program is to:

    1. identify State records now scheduled for lengthy or permanent retention that are no longer needed for the legal, fiscal, administrative or historical purposes of the State or for the protection of the civil rights, privileges and property of the general public;

    2. present adjusted records retention schedules to the SRC for adoption; and

    3. institute Statewide requirements for timely disposition of obsolete records.

  3. As part of this coordinated program, the SRS and DARM are empowered to:

    1. require adjustments in State agency records retention schedules; and

    2. enforce disposition of State records whose legal retention periods have expired.

  4. All State agencies that use off-site facilities, whether State owned or leased, or that contract with commercial vendors for the storage of records, are directed to seek review and approval from DARM prior to applying to the Department of Treasury for issuance or renewal of such contracts.

  5. The Department of Treasury's Purchase Bureau and the Office of Information Technology are directed to consult with DARM when reviewing requests for hard copy and electronic records storage and conversion services contracts and records-related technology purchases.

  6. All State agencies are directed to certify the imaging systems that are currently in use in their agencies.

  7. The SRC and DARM may request assistance from any department, division, office or agency of the State. Any department, division, office or agency of the State is hereby required to cooperate with the SRC and DARM and furnish it with information and personnel assistance to the extent necessary to achieve the goals of this Order.

  8. This Order shall take effect immediately.

GIVEN, under my hand and seal this 5th day
of August in the Year of Our Lord, Two Thousand
and Five, and of the Independence of the United
States, the Two Hundred and Thirtieth.

/s/ Richard J. Codey

Acting Governor



/s/ Mark J. Fleming

Deputy Chief Counsel to the Governor