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 function of a state agency or political subdivision; and (C) Is necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of the state agency or political subdivision. 1
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 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). Traditional Computing A series of products (software, hardware, etc.) that an agency buys, configures and maintains to satisfy agency needs. Other Changes SECTION 4 Each 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 medium used to create or communicate the record. 2
What the Laws Include None of these laws distinguish between home or office AND They are all inclusive Public Records are not 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 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 E-mail messages fitting the definition of a public record 3
Records Retention Records retention is the length of time that a public record must be kept to satisfy administrative, legal, fiscal and historical requirements of that public record. A records retention schedule, approved by the State Archives, is your legal authorization to destroy public records. Retention periods can be as short as 1 day or as long as forever (permanent). Retention is determined by the content of the information and not by the medium that it is produced or transmitted in. 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 4
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 166-020 lists 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 5
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 Electronic records 6
E-mail 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 Alternative Communication Devices Text Messaging Instant Messaging Chat Rooms Cloud Computing Use of such technologies should only be approved IF the City can capture and retain information sent and received Methods For Retaining E-Records ERMS/EDMS Print and File Hybrid 7
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 & procedures that address use, access & retention are a MUST in the electronic world Train your employees on your policies Ensure that you use the retention schedule and that the management of your public records is systematic & routine Continuously & systematically monitor for compliance with policies & procedures 8
For More Information Matt Brown Secretary of State, Archives Division Phone: (503) 378-5255 Web: http://arcweb.sos.state.or.us Email: Matthew.G.Brown@state.or.us 9