Public Records Retention: When & How
to Save Public Records
OCAA Legal Issues Workshop,
September 26, 2013
Public Records Laws
Oregon Public Records Laws (Access)“’Public record’ includes any writing containing information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.” – ORS 192.410 (4)
Oregon Public Records Laws (Retention)
Since 2011, ORS 192.005 (5) has defined “Public record” as “any information that:
(A) Is prepared, owned, used or retained by a state agency or political subdivision;
(B) Relates to an activity, transaction or functionof a state agency or political subdivision; and (C) Is necessary to satisfy the fiscal, legal,
Why the Change?
Original Law written in 1961; last amended in 1989
Always assumed that a record was something tangible
or something that could be captured
Traditional Computing A series of products (software, hardware, etc.) that an agency buys, configures and maintains to satisfy agency needs. Cloud Computing Is the delivery of computing as a service rather than a product, whereby shared resources, software, and information are provided to computers and other devices as a utility (like gas, electricity, etc.) over a network (typically the Internet).
Other Changes
SECTION 4Each state agency or political subdivision shall maintain a public record or accurate copy of a public record in accordance with a retention schedule authorized under ORS 192.105 or section 3 of this
2011 Act, without regard to the technology or
What the Laws Include
None of these laws distinguish between
home or office
AND
They are all inclusive
Duplicate copies
Listserv Messages, Advertisements, junk mail/spam
General mailings such as Charitable Fund Drive, potluck lunch, etc.
Reference material such as articles, magazines and books Voice mail
Public Records are not…
Examples of Public Records …
Contracts, Leases, and Agreements, Annual Reports, Calendars and Scheduling Records, Mailing Lists, Press Releases
Annexation Records, Ordinances, Board Meeting Records Civil Case Files, Criminal Case Files, Legal Opinions, Dispute Resolution Records, Tort Claim Notices
Computer System Maintenance Records, Information Service Subscription Records, Software Management Records, User Support Records
Employee Benefits Records, Equal Employment Opportunity Compliance Records, Grievance and Complaint Records, Recruitment and Selection Records, Training Program Records, Volunteer Worker Records
Records Retention
Records retention is the length of time that a public record must be kept to satisfy administrative, legal, fiscaland historical requirements of that public record.
A records retention schedule, approved by the State Archives, is your legal authorizationto destroy public records.
Retention is determined by the content of the information and notby the medium that it is produced or transmitted in. Retention periods can be as short as 1 day or as long as forever (permanent).
Official Copy of a
Record
The
Official Copy
of a record has been
designated by the City as the one record to be
kept for retention purposes
All other duplicates of the record are classified
as “convenience” copies
Convenience copies
should
be destroyed before
the official copy but
must
be destroyed when
the official copy is destroyed
Uses and Benefits of Records Retention
Schedules
• Legal requirement for disposing of public
records
• Essential element of a records management
program
• Identify official copy of agency information
• Helps identify records ready for destruction
• Makes remaining records more accessible
Which Retention Schedule do I use?
http://arcweb.sos.state.or.us > Records Mgmt > Records Retention Schedules > Cities
Cities Records Retention Schedule
Records Storage
OAR 166-020lists storage conditions for keeping public records:
• Secure, fire-resistant building
• Area with temperature and humidity controls, and adequate ventilation
• Shelving aisles free of obstruction • Records shelved above initial flood level
Final Disposition of Records
•Destruction/deletion •Permanent retention
Essential Records
Essential records are records needed for the continued functioning or reconstruction of an agency during and after an emergency
Records that are essential to protect the rights & interests of the agency & individuals directly affected by its actions
Agencies must identify their essential records
regardless of format (OAR 166-020-0045)
Need plan for protection
How to Save Public Records
• Paper
• Microfilm
E-mail System is the mode of transmission,
not a type of record
E-mail Message is the record
Retention determined by E-mail Message
content
Technology
Use of such technologies should only be approved IF
the City can capture and retain information sent and received
Alternative Communication Devices
Text Messaging
Instant Messaging
Chat Rooms
Cloud Computing
Methods For Retaining
E-Records
•
ERMS/EDMS
• Print and File
• Hybrid
Electronic Records
Management Systems
•No requirement for any agency to acquire an ERMS •If an agency acquires an ERMS product, then it must be DOD-certified
•City should issue policies & procedures specifying approved uses of the system
Temporary
Suspension of
Retention Schedule
•Civil/Criminal Court Disclosure
•Public Records Request
•Audit
E-Records Management
Core Elements
Written policies & proceduresthat address use,access & retention are aMUSTin the electronic world
Trainyour employees on your policies
Ensure that you use the retention schedule and that the management of your public records is
systematic & routine
Continuously & systematicallymonitor for compliance with policies & procedures
