How To Maintain School District Records

Transcription

1 Office of the S AS PUBLIC RECORDS TRAINING Bruce A. Harris, Esq. Senior Associate Counsel Administrative/Regulatory Compliance & Governance s Office February 12, 2008

2 Office of the Web Based Online Training District Website On the Navigator Bar find Department Websites link on the left and click Legal Services On Legal Services link find Training on the top of the page, click Training Presentations. Then click s as Public Records Then click through this Powerpoint 2

3 Office of the What is a Public Record? 3

4 Office of the Public records are materials: - made or received by the District - pursuant to law or - in connection with official business - and used to perpetuate, communicate or formalize knowledge. 1 1 Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980) Definition 4

5 Office of the Public records are open to public disclosure upon request. Note, however, student educational records are confidential. Other information, within a public record, may also be exempt from disclosure and/or confidential. 5

6 Office of the What can be a public record? Public records include: Fla. Stat (11) all documents papers letters maps books tapes Photographs films sound recordings data processing software, or other material, 6

7 Office of the regardless of the physical form, characteristics, or means of transmission, 7

8 Office of the Public records are not limited to written/paper documents! - They can also include: information stored on computers (such as calendars, e- mails or databases). 8

9 Office of the How Long Are Records Kept? Pursuant to Florida law the District has a Retention Schedule. [Fla. Stat ; Fla. Admin. Code 1B , , ] This Schedule: -describes many types of records -provides guidelines regarding how long records need to be kept. The District s Schedule can be found on-line at: You may also double left click on this link. 9

10 Office of the Home Calendar Schools Employment Phone Directory Forms & Records Public Affairs [Also, to find Retention Schedule, on District Website, Click forms & records] 10

11 Office of the Student Transcript / Records Request Document Imaging System Web Access 7 Steps to Clean Out and Get Control of School/Department Records Bulletins and Electronic Office Guidelines 4 Steps to Clean Out [Click Records] 11

12 Office of the RECORDS School Records Coordinator Resources Retention [Click Retention] 12

13 Office of the RECORDS RETENTION Records Retention Schedules are: Written standards for the retention and disposition of public records Based on the legal, fiscal, historical, and administrative value of the records Approved by Florida Department of State, Bureau of Archives and Records Management (BARM) and should be consulted any time records disposal is considered The Palm Beach County School District Records Retention Schedule was compiled from: the State of Florida General Records Schedules and District-specific record series. 13 [Click the link to this Schedule]

14 Office of the 14

15 Office of the ELECTRONIC MAIL No single retention period applies to all of the District s s Retention periods are determined by: 15 - the content - nature and - purpose of records, and are set based on their - legal -fiscal - administrative, and - historical values [See page 25 of schedule]

16 Office of the regardless of the format in which they reside. retention of any particular electronic mail message will generally be the same as the retention for records in any other format that document the same program function or activity. Examples: s might fall under -a CORRESPONDENCE series, - a BUDGET RECORDS series, etc. - depending on the content, nature, and purpose of . If created primarily to communicate information of short-term value, might fall under the "TRANSITORY MESSAGES" series. 16

17 Office of the CORRESPONDENCE AND MEMORANDA: ADMINISTRATIVE GS1-SL Item #17 Routine correspondence and memoranda of a general nature - associated with administrative practices but - do not create policy or procedure, - document the business of a particular program, or - act as a receipt. These records may have archival value. 17 [See page 19 of this Schedule]

18 Office of the RETENTION (for slide 17): a) Record copy. Three (3) fiscal years District should ensure appropriate preservation of records determined to have long-term historical value b) Duplicates Retain until: - obsolete - superseded, or - administrative value is lost. 18

19 Office of the CORRESPONDENCE AND MEMORANDA: PROGRAM AND POLICY DEVELOPMENT GS1-SL Item #338 Correspondence and memoranda documenting: - policy development - decision-making, or - substantive issues, procedures, or activities of programs These records may have archival value. 19 [See page 20 of schedule]

20 Office of the RETENTION (for Slide 19): a) Record copy. Five (5) fiscal years provided applicable audits have been released. District should ensure appropriate preservation of records determined to have long-term historical value. b) Duplicates Retain until -obsolete - superseded, or - administrative value is lost. 20

21 Office of the TRANSITORY MESSAGES GS1-SL Item #146 Records created primarily to communicate information of short-term value Examples of transitory messages include, but are not limited to: - messages reminding employees about scheduled meetings or appointments; - telephone messages (whether in paper, voice mail, or other electronic form); - announcements of office events such as holiday parties or group lunches; and - recipient copies of announcements of agency-sponsored events Transitory messages: -Are not intended to formalize or perpetuate knowledge and -Do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. 21 [See page 80 of the Schedule]

22 Office of the 22 RETENTION (for Slide 21): a) Record copy Retain until - obsolete - superseded or - administrative value is lost. b) Duplicates Retain until - obsolete - superseded, or - administrative value is lost.

23 Office of the Guidelines for Retention of s The Retention schedule for s is outlined in the District s website under Records Management for and Electronic Office Guidelines. [To find these guidelines, see slides 10 and 11 above] 23

24 Office of the Who is Responsible to Retain s? 24

25 Office of the Guideline VIII states: Each user is individually responsible to maintain public accessibility of his/her own incoming and outgoing s under public records law. See also Policy (17). 25

26 Office of the Guideline IX: Retention of Messages states:... If, per the retention schedule, the message possesses long term business value, employees are required to either: - move the message to a personal folder on the computer s hard drive or - print the message and place in proper paper file for further retention. 26

27 Office of the Four record categories are described below to assist users in determining the retention requirement of messages... 27

28 Office of the Retention Requirements for 4 Categories: #1 Non-Record Materials (delete at will, by both sender and receiver) The following examples are materials (not records) that may not be appropriate for and may be deleted at any time. lost jewelry/keys notice (replace with a lost and found box located in the FHESC). birth/death/funeral announcements 28

29 Office of the party announcements (baby shower, wedding shower, retirement, bon voyage, etc.) any not received or created in the course of School District business. [These are probably not public records. Note, under Policy 3.29(2)(c) employees are to use District technology for their assigned responsibilities] 29

30 Office of the #2 Notice with No Business Value (delete at will) Information with no business value after receipt and review. Examples include office announcements such as: Joe Smith called, please call back Is this afternoon s meeting still on? Tomorrow s staff meeting location has been changed to conference room #

31 Office of the #3 Transitory Messages (delete after administrative value is lost) Records created primarily for the communication of information, as opposed to communications designed for the perpetuation of knowledge. Transitory messages do not: - set policy, - establish guidelines or procedures, - certify a transaction, or - become a receipt. 31

32 Office of the The informal tone of transitory messages might be compared to a communication during a telephone or an office hallway conversation. Transitory messages would include, but would not be limited to: - messages with short-lived, or no administrative value 32

33 Office of the The retention requirement for all transitory messages is retain until obsolete, superseded or administrative value is lost. 33

34 Office of the #4 Official Records (Retain) messages that pertain to: - A particular District business transaction - Project/case file - Board action - Student/personnel must be retained as long as all other documentation that pertains to the same transaction/ project/case/action/issue. 34

35 Office of the YOU MUST REFER TO the Palm Beach County School District Records Retention Schedule to determine the specific retention requirement for E- mail messages that fall under this category. 35

36 Office of the Questions relating to which record series is applicable for a particular message should be directed to the Records Management section of Information Technology. Contact Kara Rubinson at PX or Nadeen Walton at

37 Office of the IF IN DOUBT WHETHER TO RETAIN, PLEASE RETAIN! REMINDER: DO NOT DELETE PUBLIC RECORDS BEFORE THEIR REQUIRED RETENTION PERIOD! 37

38 Office of the Additional Resource School Board Policy Provides detailed information regarding public records and Adopts the District s retention schedule Can be reached on line at: You may also double left click on this link. 38

39 Office of the Where can I find Policy information? 39

40 Office of the How to Find Policy Accessing the Policies Website From the District home page: Click on District Information Then click on School Board Policies OR you can go directly to the Policy site at or 40

41 Office of the Searching the Policy Web Site 41

42 Office of the Sample Search Type a key term into the search box at the bottom of the screen and hit search. In this example, we are searching for public records. 42

43 Office of the 43

44 Office of the Search Results 44

45 Office of the [Policy is currently being revised. Note, also, that the link to the Schedule has changed.] 45

46 Office of the What are School Board Policies? 46

47 Office of the Policies are administrative rules adopted by authority of the Florida Statutes. Rules have the force and effect of law. The Superintendent recommends them to the Board The Board develops and adopts rules to implement, interpret, or make more specific a statute; or to supplement State Board of Education Rules. 47

48 Office of the QUESTIONS? 48