Washi hing ngton State Archi hives bui uilding in in Oly - PowerPoint PPT Presentation

Washi hing ngton State Archi hives bui uilding in in Oly Olympia, W Washin ington

City of Tukwila City Attorney’s Office:  Rachel Turpin, City Attorney  Ann Marie Soto, Assistant City Attorney City Clerk’s Office:  Christy O’Flaherty, City Clerk  Melissa Hart, Deputy City Clerk  Barbara Saxton, Administrative Support Coordinator Open Government Trainings Act; effective July 1, 2014

Washington State Archives Municipal Clerks Association ARMA International (Association of Records Managers and Administrators NAGARA (National Association of Government Archives and Records Administrators Washington Association of Public Records Officers

Open Government Trainings Act*  Records retention and destruction requirements RCW 40.14  Public Records Act RCW 42.56  Open Public Meetings Act RCW 42.30 *Engrossed Senate Bill 5964 - 63 rd Legislature - 2014 Regular Session Effective July 1, 2014

RECORDS MANAGEMENT AND RETENTION RCW 40.14

Title 40 RCW Public documents, records, and publications Chapter 40.04 - Public documents. Chapter 40.10 - Microfilming of records to provide continuity of civil government. Chapter 40.14 - Preservation and destruction of public records.

(3) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

Managing records means:  Records are kept for as long as we are required to keep them.  We are able to find the records when they’re needed.  Records are disposed of appropriately once we are not required to keep them any longer.

Consequences for destroying records too early:  Enormous fines assessed by the court due to failure to produce documents needed to fulfill a public records request or as part of a lawsuit  The possibility of interruption of efficient operation of the City due to the loss of information needed for decision making and operations  A loss of continuity in business operations in the event of a disaster  Loss of records of historical significance

Typical lifecycle of a record Creation Distribution & use Storage & maintenance Inactive storage Disposition (destruction or Archives)

Do I need to keep it? How long? The State has developed a retention schedule that:  identifies and categorizes many specific types of documents,  states how long each one must be retained, and  gives direction on what is to be done with the record once that retention period has been met.

Records don’t just look like this anymore.

Retention Period Examples Type of record Retention period Gift and donation information files (P&R) . . . . . . . . . . . . . . . Until no longer needed Strategic Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Until no longer needed Management of crime prevention programs . . . . . . . . . . . . 1 year after obsolete or superseded Surveillance recordings (if used for security monitoring). . . 30 days IT help desk requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 year Staff meetings (agendas, minutes, notices) . . . . . . . . . . . . . 2 years Utility meter readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 years Usage and dispersal records (equipment, fuel, energy) . . . 4 years Water test reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 years Fire Department medical incident reports . . . . . . . . . . . . . . 8 years Litigation files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 years Major Accident Response & Reconstruction (Police) . . . . . . 50 years Payroll registers (and time cards) . . . . . . . . . . . . . . . . . . . . . . 60 years Personnel files (employees and volunteers) . . . . . . . . . . . . . 6 years after termination Application for a building permit . . . . . . . . . . . . . . . . . . . . . . 6 years after life of building Conditional Use Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Life of the agency Records relating to the destruction of public records . . . . . Life of the agency Manhole records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permanent

Do you have a City record? We must:  retain it for the time period required by law  be able to produce it if needed  be able to provide proof of how and when it was disposed of

Proper disposition of records allows us:  to track which records have been stored, destroyed, or turned over to the State  to provide documentation of how and when a record was destroyed in the event of a public records request or lawsuit 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 RCW Chapter 40.14.

Records Management: What is Tukwila doing?  Implemented a records orientation training program for City staff in 2011, as well as a supplemental training relating to the destruction of electronic records.  Provides resource material for staff on TUKNET.  Monitors updates or other changes to the State Records Retention Schedule and distributes information to staff.  Coordinates with the City Attorney’s Office on the status of Legal Holds.  Evaluates new technologies under consideration by the City to identify potential implications relating to how electronic records would be retained, produced and disposed of during their lifecycle.  Adopts policies as needed, including those relating to retention of closed contracts and security camera monitoring footage.  Facilitates and manages microfilming and/or digitization of “Essential Records.”  Coordinates transfer of records designated as “Archival” to the State Archives.  Develops resource materials and supplies to respond to a potential disaster affecting City records.

PUBLIC RECORDS ACT RCW 42.56

• “The people do not yield their sovereignty to the agencies which serve them.” • “The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know.” • “The people insist on remaining informed so they may retain control over the instruments they have created.” ~ RCW 42.56.030

Writing  “ Writing ” includes “handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.” ~ RCW 42.56.030  So, “ public record ” is broadly defined .

WAC 434-662-040 Agency duties and responsibilities. “Electronic records must be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period. Printing and retaining a hard copy is not a substitute for the electronic version unless approved by the applicable records committee.”

O’Neill vs. City of Shoreline, Case No. 82397-9 (Oct. 7, 2010)

Identifiable Public Records May 24, 2014 To: City of Tukwila Date: June 1, 2014 Attn: Human Resources I would like to receive a copy I would like to know how of the city’s policy for handling the city handles employment discrimination employment discrimination claims. claims. Please advise at your earliest convenience. Thank you. Ann Smith Paul Jones The second request is for an “identifiable public record.” The first request is for information.

Work with requestors Seek clarification:  To provide the fullest assistance to requestor.  Results in prompt disclosure by identifying only desired records.  Means the requestor receives and pays for only those records requested. Manage broad requests:  Work with requestors to narrow the scope.  Tell them about potential costs and deposits.  Supply records in installments.