RECORDS RETENTION BUILDING AND MAINTAINING A CLEAN CLOSET
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1 RECORDS RETENTION BUILDING AND MAINTAINING A CLEAN CLOSET Tyna Ek Matthew A. Miller Soha & Lang, P.S Fourth Ave., Suite 2000 Seattle, WA (206)
2 Legal Disclaimer The opinions expressed in these materials do not necessarily reflect the opinions of Soha & Lang, P.S. or its clients, and no authority is given to reproduce these copyrighted materials or to use any opinions or content in this article in any legal proceeding against any client of Tyna Ek or Soha & Lang, P.S.
3 Records Retention Five factors for a clean closet: Why save What to save Where to save When to get rid of it How to implement
4 Why Save Records Legally Required Easier on you and your staff Timely access can be critical to your ability to fulfill your mission
5 Why Save Records Legally Required RCW : All public records shall be and remain the property of the state of Washington. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with the provisions of this chapter
6 Why Save Records Wrongful Destruction is a Crime RCW : Every officer who shall mutilate, destroy, conceal, erase, obliterate, or falsify any record or paper appertaining to the officer's office...is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or by both.
7 Why Save Records Easier On You and Your Staff Easier to find where you put something Easier for others to find and use Continuity when staff absent or turnover
8 Why Save Records Timely access is critical to your ability to fulfill your mission Internal use of records Others may request records Federal or State auditors Litigants through discovery Public Records Act requestors
9 Why Save Records E-discovery/Litigation Courts apply e-discovery requirements to public entities Potential fines and/or harsh jury instructions Easier to create litigation or PRA hold
10 Why Save Records Public Records Requests If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved. RCW ; O Neill v. Shoreline, 170 Wn.2d 138 (2010)
11 Records Retention Getting you from here... to here.
12 What Records to Save Can t Save Everything Not enough space Not useful if can t find it Keeping everything = $$$
13 What Records to Save Public Records defined in RCW Any records made by or received by any agency of the state of Washington in connection with the transaction of public business...
14 What Records to Save Public Records (examples) Contracts/agreements Organizational decisions Important letters
15 What Records to Save Are s public records? If transmitting or receiving public information then yes medium doesn t matter
16 What Records to Save Keep Your Closet Clean Be selective in what you keep Substantive s re conduct of business s which affect your agency s business = YES s documenting complaints = YES s which announce there are cookies in the break room = NO
17 What Records to Save TIPs Encourage use of meaningful subject lines and staying on topic Encourage deletion of string of old s from bottom of current Do not store s on individual PCs
18 What Records to Save Is your web page a public document? If agency is transmitting or receiving public information then yes medium doesn t matter Must develop a way to preserve State uses spider technology for archiving Lots of tech services available to assist TIP Use your website in responding to Public Record Act requests. RCW (2) allows agencies to direct requesters to agency web site for public records.
19 What Records to Save Facebook? Twitter? Blogs? Clouds? Helpful Advice: t/rmadvicesheetblogstwitter.pdf
20 Where to Save Records Don t just buy a bigger closet Get organized! Paper v. Electronic storage Each has advantages and drawbacks
21 Where to Save Records Paper storage Less need for technology/training Printing, storage and retrieval costs How easy will it be to find when you or others need it?
22 Where to Save Records I know it s here somewhere
23 Where to Save Records Paper storage - TIP Develop a good indexing system that comports with document retention requirements Dispose of documents (destroy or archive) on regular retention schedule
24 Where to Save Records Paper storage Doesn t meet all requirements WAC : Electronic records must be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period...
25 Where to Save Records Electronic storage Searchable Uses less space in closet = less cost Preserves metadata Tip: saving an Outlook in.msg format saves all attachments and metadata.
26 Where to Save Records Electronic storage But remember garbage in...garbage out And don t forget your back-up
27 Where to Save Records Consider Scanning Paper Into Electronic Washington State just adopted policies permitting destruction of non-archival paper documents after scanning (May 15, 2012). Destruction_of_Non-Archival_Paper_Records_After_Imaging_v1.1_May_2012.pdf Imaging and Preservation Services (360) Read more at:
28 When to Dispose of Records Everyone needs to update every once in a while...
29 When to Dispose of Records Depends on what it is, not the medium through which it was sent or received.
30 When to Dispose of Records Some things you keep forever...
31 When to Dispose of Records Some have historical value even when you re done with them...
32 When to Dispose of Records And some you never should have kept in the first place...
33 When to Dispose of Records Very Specific Rules For State Agencies: RecordsRetentionSchedulesforStateGovernmentAgencie s.aspx For Local Governmental Entities: Common Records Retention Schedule (CORE): UsingtheLocalGovernmentCommonRecordsRetentionSc hedulecore.aspx Plus some add l specific agency retention guidelines: ules.aspx
34 When to Dispose of Records Specific rules (examples) Most paper and electronic records = 6 years (RCW , WAC ) Includes complaints/claims about civil rights violations and employee grievances (CORE 1.5, 4.6) Includes traffic accident logs and reports (CORE 2.7) Includes most personnel records (CORE 4.9)
35 When to Dispose of Records Specific rules (examples) Most communications = 2 years Includes many letters, faxes, s, websites, social networking posts (CORE 1.1)
36 When to Dispose of Records Specific rules (examples) Litigation case files = 10 years after case closed (CORE 1.5) Claims for damages = 6 years after claim is closed (CORE 1.5) Incident reports regarding human exposure = 100 years after birth or 30 years after death (CORE 1.10)
37 When to Dispose of Records Specific rules (examples) Employee investigations Founded/sustained = 3 years after closed Unfounded = destroy after case closed Unless collective bargaining agreement requires longer retention period (CORE 4.6)
38 When to Dispose of Records Specific rules (examples) Employee medical records Employed 1 year or more = 30 years after termination Employed less than 1 year = until termination (CORE 4.7) Drug test results Positive = date of result + 5 years Negative or canceled = results or cancellation + 1 year (CORE 4.9)
39 When to Dispose of Records Specific rules (examples) Incident/accident reports w/o claim = 3 years if adult or from 18 th birthday Permission forms for minors = 3 years from date of 18 th birthday (CORE 1.10)
40 When to Dispose of Records Specific rules (examples) Contracts Real property = 10 years after disposition of asset Other = 6 years from completion of transaction/expiration of contract (CORE 1.4)
41 When to Dispose of Records Specific rules for Schools/ESDs (examples) Official student record = 100 years (School/ESD Schedule 6.5.6) Student cumulative folder = graduation/withdrawal + 2 years (School/ESD Schedule 6.5.9) Student Discipline Files = 3 years (School/ESD Schedule )
42 When to Dispose of Records Just Remember Pending litigation Pending PRA requests or investigations
43 How to Implement Build, fill, and regularly cleanout the closet
44 How to Implement Develop Policy Consider a central server for electronic files Users can save and access shared s and electronic documents in specific cabinets Piles outside the closet are a problem if it doesn t have a place in the closet, then... GET RID OF IT
45 How to Implement Develop Policy Building Your Custom Closet Pre-determined folders provide consistency and organization Consider tying folders to categories of documents from retention schedules Consider using the same organizational structure for paper and electronic documents
46 How to Implement Develop Policy Create a file structure
47 How to Implement Develop Policy Create a file structure
48 How to Implement Develop Policy Create a file structure
49 How to Implement Develop Policy Create a file structure
50 How to Implement Develop Policy Include provisions for Maintaining confidentiality of protected records Placing litigation holds Preventing destruction w/pending PRA request
51 How to Implement Develop Policy Specify who does what Records officers v. IT v. managers v. other employees For , sender and receiver should both save to document receipt
52 How to Implement Develop Policy Identify what to save Be specific Use categories and examples Include destruction dates by category
53 How to Implement Clearly state what to do after date passes
54 How to Implement Train (and train again) System only works if people know how to use it Change is hard
55 How to Implement State Offers Training Assistance ement/recordsmanagementtrainingandeducati on.aspx
56 Records Retention Three Biggest Challenges Too much information Too old information Too little organization
57 Resources To Help State of Washington Electronic Records Management Consultants: Scott Sackett (Eastern WA) (509) Leslie Koziara (Western WA) (360)
58 Records Retention QUESTIONS? Tyna Ek Matthew A. Miller Soha & Lang, P.S. (206)
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