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FLORIDA RECORDS MANAGEMENT THE BASICS Vestina F. Crayton [email protected] 1 Welcome!

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FLORIDA RECORDS

MANAGEMENT – THE BASICS

Vestina F. Crayton

[email protected]

1

Welcome!

Agenda

• What and Why of RM

• Responsibilities

• How records are managed

• Challenges of electronic records

• Electronic Records

• Break!

• Records Inventory

• Records Schedules

• Disposition of Public Records

• Evaluation

2

The Florida Department of State Records

Management Program • Chapter 257, F.S.

• The Florida Administrative Code

• Rule 1B-26

• Rule 1B-24

3

Florida DOS

Records

Management

• Technical assistance

850-245-6750

[email protected]

• Establish record retention schedules

• Operate the State Records Center

• Provide record management seminars

[email protected]

Program

Services

4

Records Management Liaison Officer

“RMLO”

It is the duty of each agency to…designate a

records management liaison officer.”

Section 257.36(5)(a), F.S.

5

Agency Records Custodian

“Custodian of Public Records” means the elected or

appointed state, county, or municipal officer charged with

the responsibility of maintaining the office having public

records, or his or her designee.

Section 119.011(5), F.S.

6

What is a record?

• Any documentary material that shows a transaction or

activity

• Records can exist in any format

Electronic documents, microform, photographs, sound recordings

What makes it a public record = the information it contains

7

Definition of a Public Record

All documents, papers, letters, maps, books, tapes,

photographs, films, sound recordings, data processing

software, or other material, regardless of the physical form,

characteristics, or means of transmission, made or

received pursuant to law or ordinance or in connection with

the transaction of official business by any agency.

F.S. 119.011(12)

8

Public Records

Public Record

Non Public Records

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Why Records Matter

• Are critical to the proper functioning of all government

agencies

• Contain information needed to conduct daily business

• Ensure government’s ability to answer to the people

• Financial records = tax payers and money spent

• Meeting minutes = decisions and actions taken

• Records protect:

• Life

• Property

• Rights

• Restore order

10

What is Records Management?

• It is the process of maintaining information in a way that

allows you to get what you need, when you need it

• Secure

• Preserve

11

Elements/ Activities of a RM Program

• Obtain strong policy and financial support

• Develop policies

• Put in place filing and indexing systems

• Conduct an inventory

• Establish and follow retention schedules

• Identifying and using technology appropriately

• Storing inactive records in a cost effective and secure

manner

• Disposition and obsolete records

12

Benefits of a RM Program

• Records management is not optional (S. 257, F.S.)

• Locating what you need when you need it

• Reducing the volume

• Improving storage and retrieval systems

• Increasing the efficiency of office operations

• Reducing costs for equipment, supplies, space, and

personnel

• Improving customer relations

• Improving government accountability for public funds

• Reducing liability risks

13

Problems of Poor RM

• Not being able to perform/ mission

• Public suspicion of government officials

• Financial costs of:

• Time and resources to re-create

• Penalties imposed by courts

• Inability to respond to special requests

• Improperly disposing

• Accidental disclosure

14

Responsibilities and Terminology

• Duties of a record manager:

• Compiling inventories

• Determining how long each type of record should be retained

• Identify essential records

• Duties of Information Technology (IT)

• Coordinating with records management to ensure records in

information systems remain accessible throughout the retention

period

15

Trustworthiness

1) Records provide evidence agencies have met their

obligations to the public

2) Records are used as proof of activity

• Authentic

• Reliable

• Not deceptive

• Free from tampering

• Handled correctly throughout it’s life

• Security never compromised

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How are Records Managed?

• Overview:

• 1) Define a public record

• 2) Life cycle

• 3) Active vs. Inactive records

• 4) Tools to manage

• 5) Identify requirements

• 6) Challenges of managing electronic records

17

Define a Public Record (continued)

• An important aspect of the definition is “regardless of

physical form, characteristics, or means of transmission”

• What are some types of formats?

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Electronic Records

• What are some examples of electronic records?

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Challenges of Managing Electronic

Records • Software dependency

• Sustainability

• Limitations to the life of the media

• Data migration

• Sharing

• Security

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Record-Keeping Requirements

Ensure documentation that is:

Complete – documents entire transaction

Consistent – across all offices

Concise – only necessary documentation is included

Compliant – meets statutory & state rules/requirements

Cost effective – records are maintained in an efficient and

effective manner.

23

A Public Record is Not Always Open

• A Common Mistake:

• Some records are exempt from disclosure, but

they are still public records.

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Creation

Utilization

Maintenance

Retention Preservatio

n

Storage

Disposition

Record

Life Cycle

H.A.L.F.

HISTORICAL

A

L

F

HISTORICAL

ADMINISTRATIVE

L

F

HISTORICAL

ADMINISTRATIVE

LEGAL

F

HISTORICAL

ADMINISTRATIVE

LEGAL

FISCAL

Record Value – Examples

Historical Administrative

Legal Fiscal

32 May 2, 2014 FRM-FL- S1 (c) candiceodom.com

Active v. Inactive Records

Active Records

• Used more than once a

month

• Should be stored on-site

Inactive Records

• Used less than once a

month

• Should be stored in a

records storage facility

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Record Series, as defined by Rule 1B-24, F.A.C.

“Record series” means a group of related public records

arranged under a single filing arrangement or kept together

as a unit (physically or intellectually) because they consist

of the same form, relate to the same subject or function,

result from the same activity, document a specific type of

transaction, or have some other relationship arising from

their creation, receipt, or use. A record series might contain

records in a variety of forms and formats that document a

particular program, function, or activity of the agency.”

34

Record Series

A record series is a group of related documents that work

together to help an agency perform a particular function.

35

Records Inventory

A records inventory is a survey that asks..

• What do you have

• How and where they are maintained

• Non-record materials

• Essential/ Vital records

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Elements of a Record Inventory

• Records series title

• Description

• Inclusive dates

• Types of formats

• Identify your essential records (vital)

• Physical location

• Volume

• Retention requirements (if known)

• Record copy (master) or duplicate copy

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Record Copy

Record Copy

• Public records designated by the agency custodian as the official

record

• If there is only one copy in existence, that will be the record copy

regardless of whether the agency designated another copy as the

master/record copy

Duplicates

• Reproductions that are not designated as the official record

• Duplicates are public records and their retention requirement is

“OSA”

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Did You Know?

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Did You Know? 80% of the records in our offices are

duplicates. It is important that

everyone is aware of the retention

requirements!

41

OSA

Obsolete, Superseded, Administrative

Value lost “OSA” • Do not have legal, fiscal, or historical value.

• Duplicates are “OSA”

• Transitory messages are “OSA”

• “OSA” records do not have to be documented when

disposed

• “OSA” records should be disposed of as soon as they are

no longer needed

42

Records Retention Schedule

• Schedule Number

• Title

• Description

• Retention Period

• Date effective

• Name of agency or department

• Method of disposition or preservation

• Special instructions

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Adhere to Retention Schedules

“A public record may only be destroyed or otherwise

disposed of only in accordance with retention schedules

established by the Division (of Library and Information

Services, Florida Department of State, Records

Management Program).”

Section 257.36(6), F.S.

44

Record Retention Schedules

General Schedules

• Establishes retention for common records

• Are established by the Florida Department of State

• Cover up to 75-80%

Individual Schedules

• Establishes retention requirements unique to a specific agency

only.

• Are approved and established by the Florida Department of State

• Cover 20-25%

45

General Records Schedules

“General Records Schedules” means retention

requirements established by the Division for public records

common to all agencies or specific types of agencies within

the State of Florida indicating the minimum time such

records must be kept.

Rule 1B-24.001(3)(g), F.A.C.

May 2, 2014 FRM-FL- S1 (c) candiceodom.com 46

General Schedules

GS1-SL State and Local Government Agencies

GS2 Law Enforcement, Correctional Facilities, and District Medical Examiners

GS3 Election Records

GS4 Public Hospitals, Health Care Facilities, and Medical Providers

GS5 Universities and Community Colleges

GS6 Building and Zoning (incorporated into GS1-SL)

GS7 Public Schools, Pre-K – 12, Adult and Vocational/ Technical

GS8 Fire Departments

GS9 State Attorneys

GS10 Public Defenders

GS11 Clerk of the Court

GS12 Property Appraisers

GS13 Tax Collectors

GS14 Public Utilities

GS15 Public Libraries

47

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How to use a General Schedule?

• Record Series title

• Item number

• Description

• Retention (1 and 2), minimum!

• Anniversary, Calendar, Fiscal, Triggering, Permanent

• Archival Value

• HELP!

• Index

• Functional listing

• Alphabetical order

• Item number

• Introduction

• Contact DOS

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Individual Schedules

If there is no applicable general schedule, the RMLO will

need to submit a Request for Records Retention Schedule

to the Division of Library and Information Services for

approval.

This form is available on their website!

http://dlis.dos.state.fl.us/recordsmgmt/publications.cfm

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Individual Record Retention Schedules

[email protected]

Call 850-245-6745

•Call or email for any questions about

submitting forms

65

Disposition

• Documentation is required by Rule 1B-24.003(9)(d),

F.A.C.

• Agencies must retain records disposition documentation

permanently.

• This information must include:

• Records Schedule number

• Item number

• Record Series title

• Inclusive dates

• Volume

• Method of disposition AND date of disposition!

66

Disposition

Agencies are not required to document the disposition of

records with a retention of “Retain until obsolete,

superseded, or administrative value is lost” (OSA) except

for records that have been microfilmed or scanned as part

of a retrospective conversion project in accordance with

Rules 1B-26.0021 or 1B-26.003, F.A.C., where the

microfilm or electronic version will serve as the record

(master) copy.

Rule 1B-24.003(9)(d), F.A.C.

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Reasons not to destroy records

• Active or anticipated litigation

• Audit pending

• Public record request within the last 30 days

• Administrative need

• Historical value

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How do I destroy records?

Agencies shall ensure that all destruction of records is conducted in a manner that safeguards the interests of the state and the safety, security, and privacy of individuals. In destroying records containing information that is confidential or exempt from disclosure, agencies shall employ destruction methods that prevent unauthorized access to or use of the information and ensure that the information cannot practicably be read, reconstructed, or recovered. The agency shall specify the manner of destruction of such records when documenting disposition. Where possible, recycling following destruction is encouraged.

Rule 1B-24.003(1), F.A.C.

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How do I destroy records?

For paper records containing information that is confidential

or exempt from disclosure, appropriate destruction

methods including burning in an industrial incineration

facility, pulping, pulverizing, shredding, or macerating. High

wet strength paper, paper mylar, durable-medium paper

substitute, or similar water repellant papers are not

sufficiently destroyed by pulping and require other methods

such as shredding or burning.

Rule 1B-24.003(10)(a), F.A.C.

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How do I destroy records?

For electronic records containing information that is confidential or exempt from disclosure, appropriate destruction methods include physical destruction of storage media such as by shredding, crushing, or incineration; high-level overwriting that renders the data unrecoverable; or degaussing/demagnetizing.

For other non-paper media containing information that is confidential or exempt from disclosure, such as audio tape, video tape, microforms, photographic films, etc., appropriate destruction methods include pulverizing, shredding, and chemical decomposition/ recycling.

Agencies shall not bury confidential or exempt records since burying does not ensure complete destruction or prevent unauthorized access.

Rule 1B-24.003(10)(b-d)., F.A.C.

71

Alternatives for Long-Term or Permanent

Records Section 92.29, Florida Statues: Photographic or electronic

copies.

Photographic reproductions or reproductions through electronic

recordkeeping systems…shall in all cases and in all courts and

places be admitted and received as evidence with a like force and

effect as the original would be, whether the original record,

document, paper, or instrument in writing or in an electronic

recordkeeping system is in existence or not.

Rule 1B-26.003, F.A.C. Electronic Recordkeeping

Rule 1B-26.0021, F.A.C. Microfilm Standards

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Untimely Disposals

Common Reasons include: • Natural, technological or civil emergencies/ disasters

• Poor storage

• Human error

• Hurricanes, flooding, fires, and other natural disasters

• Technological failure

What to do?

• Contact the records custodian immediately

• Document the disposition

• Record the even as much as possible

• Video

• Photographs

• Statements

73

Annual Compliance Statement

• The Department of State Records Management Program

mails out to all public agencies each November. Please

return by December 31.

• One total for all records destroyed during the fiscal year.

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Assistance

• The First Amendment Foundation of Florida

• The Florida Attorney General

• The Florida Department of State

• FRMA

• ARMA (Florida Chapters)

• The Society of Florida Archivists

• The Council of State Archivists – Florida IPER

• Private Consultants

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Quick Facts

85% of documents filed are never retrieved. (ZyLAB 2001)

At least 50% of documents are duplicated in filing systems.

60% of files moved to storage facilities should be destroyed

instead.

Only 20% of administrative time is spent filing and

retrieving important documents.

Quick Facts

Costs of Records:

$20.00 to file each document

$1.50 to retrieve each document

• The cost to correctly file 19 out of 20 documents is

$380.00

• The average office loses 1 out of 20 office documents. It then costs $120.00 to search for the document; if the document must be recreated it costs $250.00;

so… one lost document = $370.00!

• The typical file grows at the rate of more than 20% annually.

Quick Facts

• Costs:

Filing cabinet cost - $150 (and up)

Floor space - $90 (6 sq. ft. x $15 per year)

Cost of Filing - $900 (15,000 pages in cabinet, assume clerk can file 200 pages/hour at $12 per hour)

COST TO CREATE FILE CABINET = $1140

Quick Facts

• In most organizations:

• 5% of its files are misplaced

• 2% of its files are lost and must be recreated

• Employees typically spend from 30 minutes to 2 hours daily searching for paper documents.

• 10% of an executive’s time is spend searching for files and documents.

Ideas for Training

Establish an Annual “Purge Day”

Work with departments

Make it fun - Offer Prizes -- Filing supplies?

Don’t forget: Computer Hard Drives

Email Files

FLORIDA RECORDS

MANAGEMENT – THE BASICS

Vestina F. Crayton

[email protected]

81

Thank You!