mark arend 18 october 2012 public records and records retention
Post on 17-Dec-2015
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TODAY’S TOPICS
• Wisconsin Public Records Law• Wisconsin Statutes, §19:21-39• What is a record• What is and isn’t available for public viewing
• Library records policies• Records retention—how long do I have to keep
this stuff?• Tagging files• Disposal of records
PUBLIC RECORDS LAW
• Defines what a record is• Requires public access• And lists exceptions
• Governs record disposal
• Is binding upon all state & local government bodies or agencies
WHAT IS A PUBLIC RECORD?
• Almost anything a government agency creates or receives• Reports, correspondence, statistics, meeting documents,
photos
• Records in all formats (paper, computer file, video or audio recording, email) are covered under this law
WHAT ISN’T?
• General library materials (books, magazines, etc.)• Routing slips & envelopes• Unsolicited material you have received (junk
mail)• Duplicate copies• Duplicate copies of library records • Copies other government agencies have sent to the
library
• Personal property• Records and correspondence of state legislators
PUBLIC ACCESS TO PUBLIC RECORDS
Almost all records and documents of governmental agencies must be available for inspection and copying by the public
Applies only to existing records—no requirement to create new records or reports
No “magic words” needed in a records request
EXCLUDED RECORDS NOT AVAILABLE FOR ACCESS
Records that identify users of library materials, resources, or services ◦ Wisconsin Statutes, 43:30
Certain personnel recordsNotes, drafts, etc. prepared for staff use
All of these are subject to court order, however.
LIBRARY RECORDS POLICIES
• Public records policy• Legal custodian• Availability of records
• Records retention policy• How long records are kept• How they’re disposed of
PUBLIC RECORDS POLICY
• Legal Custodian• The person designated to be in charge of the library
records (probably the director)
• Availability of Records• When records are available• How to contact the records custodian• Any fees• Fees are limited to “actual, necessary, and direct cost” of
reproduction, mailing, etc.
• Post notice
• Oshkosh’s policy posted at http://www.oshkoshpubliclibrary.org/libraryboard/openrecordspolicy
RECORDS RETENTION POLICY
• All public agencies must have a retention policy• Adopted by the governing body• Approved by the Wisconsin Public Records Board and the
State Historical Society
• Types of records you have• How long you keep records• How you dispose of records
RECORDS RETENTION SCHEDULE FOR WISCONSIN PUBLIC LIBRARIES
• Found at http://dpi.wi.gov/pld/retensch.html• Lists all types of records a library is likely to have• Already approved by the State• Possible your library board adopted this policy in
2006
Number Series Title Retention Confidentiality
002 Policy Manual SUP+2
003 Annual Reports-to the Board &/or Municipality PERM
004 Annual Reports-to the State PERM
005 Minutes and Meeting Materials PERM
006 General Correspondence CR+2
010 Procedures SUP
011 Planners/Calendars ACT
016 Patron Incident and Disciplinary Files ACT+5 CONFIDENTIAL
022 Open Records Requests EVT+1
023 Contracts EXP+4
028 Final Annual Budget FIS+10
029 Budget Documentation FIS+5
030 Annual Financial Report/Audit FIS+10
036 Invoices FIS+4
041 Bank Statements and Reconciliation FIS+4
044 Payroll Deduction/Liability Records FIS+4 CONFIDENTIAL
RECORDS RETENTION SCHEDULE FOR WISCONSIN PUBLIC LIBRARIES
• Wisconsin Law requires that you adopt a schedule before disposing of records• If you have not done this you may not dispose of any
record
• The times specified in the schedule are minimum retention times. You may need to keep certain records longer• Example: records relating to a capital purchase may need
to be kept longer for warranty or insurance purposes
ADOPTING A RECORDS RETENTION POLICY
• Go through your records to figure out what you have• Take a look at the policy at
http://dpi.wi.gov/pld/retensch.html• See if you have anything not listed• Determine if anything on the list is covered by a
municipal policy• If you make changes in the pre-approved policy
you need to have the changes approved
ADOPTING THE POLICY ON THE DPI SITE AS-IS
1. Have the board adopt the schedule2. Notify State Historical Society3. Receive their approval
TAGGING FILES
• Status• Permanent• Non-Record • Active• Inactive
• Date it can be tossed• Method of disposal
WHY BOTHER ADOPTING THE SCHEDULE AND TAGGING FILES?
• Lets you legally dispose of stuff• By using the schedule you don’t have to decide
every time you look at something• By tagging files you decide once and don’t even
have to look inside the file again—just look at the label and toss
DESTRUCTION OF RECORDS
• Some records can just be tossed—recycle or trash.• Confidential records must be shredded or
otherwise destroyed
• A record may not be destroyed if litigation involving the record has commenced or if you have received a request for the record before it has been destroyed.
COPIERS, PRINTERS, & PCS
• Most photocopiers manufactured since 2002 contain a hard drive that stores all images copied by the copier• Some printers and fax machines may also have
hard drives
• Before disposing of a copier, high-end printer, or PC the hard drive should be removed or erased• The owner’s manual may have this information
RESOURCES
• Wisconsin Public Records Law http://www.doj.state.wi.us/site/ompr.asp • Records Retention Schedule for Wisconsin
Public Libraries http://dpi.wi.gov/pld/retensch.html• Trustee Essential 15: The Library Board
and the Public Records Law http://dpi.wi.gov/pld/te15.html
• Julie’s workshop notes posted at http://extranet.winnefox.org/workshop-history• Frequently Asked Questions About Libraries and
Wisconsin's Public Records Law http://dpi.wi.gov/pld/publicrec.html• Frequently Asked Questions About Compliance
With the Parental Access to Library Records Law http://dpi.wi.gov/pld/ab169faqs.html• More FAQs on records
http://dpi.wi.gov/pld/trusteefaq.html#Public_Records
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