Records Reten+on Basics for ESDs Texas State Associa+on of Fire and Emergency Districts (SAFE-D) Annual Conference Galveston, TX February 24, 2018 INTRODUCTION Records Management Assistance! 7 Government Informa+on Analysts! Consul+ng and Training! Reten+on Schedule Reviews and Development Call: 512-463-7610 Email: slrminfo@tsl.texas.gov 1
INTRODUCTION www.tsl.texas.gov/slrm! Forms and publica+ons! Reten+on schedules! Training opportuni+es! SRC services! Contact informa+on BASICS OBJECTIVES:! Understand the legal framework of records laws and reten+on rules.! Know the defini?on of a record.! Learn how to use a records reten?on schedule.! Ensure compliance with the Local Government Records Act 2
BASICS THREE PILLARS OF OPEN GOVERNMENT Public Informa?on Act (Gov. Code Chapter 552) Local Government Records Act (Local Gov. Code Chapters 201-205) Open Mee?ngs Act (Gov. Code Chapter 551) BASICS Local Government Records Act of 1989: 1. Improve efficiency and economic opera?on of government. 2. Preserve records of permanent and historical value. 3. Provide impar?al access to records management assistance. 4. Establish standards and procedures for managing local government records. LGC 201.002 Purpose 3
BASICS Local Government Records Act h_p://bit.ly/bulle+nd Published as: Bulle?n D! Defini+ons! Local authority! Role of RMO! Compliance requirements Records Life-Cycle Maintenance and Use Crea?on or Receipt Disposi?on Transfer Destroy 4
Benefits of records management:! Legal requirement and protec+on! Workflow efficiency! Timely disposi+on! Protec+on of essen+al records! Cost reduc+on A local government record:! Documents the transac+on of public business! Is created or received by a local government! Is a record whether it is open or closed! May exist in any medium LGC 201.003 5
Defini+on of a record does not include: Convenience Copies Blank Forms Library or museum materials Alterna?ve Dispute Resolu?on Working Files LGC 201.003 BASICS Records Series! A grouping of records that all serve the same func+on and are all kept the same length of +me. Applica?on form Employment Applica?ons LeVers of reference Résumé Cover lever Transcripts 6
BASICS Reten?on Period! The minimum length of +me you must keep a record. 2 years Applica?on form Employment Applica?ons LeVers of reference Résumé Cover lever Transcripts BASICS Common reten+on period codes: [just a number] AV CE FE LA PM US Add this number to the crea+on/receipt date of the record As long as administra+vely valuable (there is some sort of business use for it) Calendar Year End: December 31 st Fiscal Year End: August 31 st? September 30 th? Life of the Asset (keep the record about the asset un+l you don t have the asset anymore) Permanent (never destroy) Un+l superseded (keep un+l replaced by an updated version 7
BASICS Lists all records series with mandatory minimum reten?on periods. SCHEDULE Schedules are media-neutral. Benefits of a reten+on schedule:! Comply with laws and provide legal protec+on.! Convey reten+on rules to agency staff.! Iden+fy, secure, and protect vital records. 8
TSLAC Local Reten+on Schedules available to adopt: GR General Records plus CC County Clerk DC District Clerk EL Elec+ons/Voter HR Health JC Junior Colleges LC Jus+ce/Municipal Courts PS Public Safety PW Public Works SD Schools TX Taxa+on UT U+lity Services hvp://bit.ly/localschedules Local Schedule PS! Reten+on Schedule for Records of Public Safety Agencies Part 1: Records Common to All Public Safety Agencies Part 2: Law Enforcement Records Part 3: County Medical Examiner Records Part 4: Fire Figh?ng and Emergency Medical Service Agencies Part 5: Records of Community Supervision and Correc+ons (Adult Proba+on) Departments Records of County, District, and Criminal District A_orneys h_p://bit.ly/scheduleps 9
What if the opera+onal records of the ESD are actually held by a non-governmental service provider, not the ESD? Fire Protec?on Providers:! Subject to all rules and regula+ons as if the organiza+on were a local government if: Provides fire protec+on to a local government en+ty for profit under a contract or other agreement; and Would be a fire department if the organiza+on were a department of a local government en+ty.! 37 TAC 495.201 (Rules of the TCFP) 10
EMS Providers:! Contract should include a provision about abiding by the ESD s records reten+on schedule.! Must comply with Texas Medical Board reten+on rules.! Recommenda=on of the Texas Department of State Health Services; no law in the EMS Act speaking directly to this issue. Unique # assigned by TSLAC What TSLAC calls this series The scope; what kinds of records would be classified here Minimum amount of +me you have to keep these records Statutes governing the reten+on and other notes affec+ng the reten+on Record Number Record Title GR1050-56 TIME AND ATTENDANCE REPORTS Record Descrip?on Time cards or sheets Reten?on Period Remarks 4 years By regula+on - 40 TAC 815.106(i). 11
Record Number GR1000-25 Record Title Record Descrip?on Reten?on Period CONTRACTS, LEASES, AND AGREEMENTS Contracts, leases, and agreements, including reports, correspondence, performance bonds, and similar records rela+ng to their nego+a+on, administra+on, renewal, or termina+on, except construc+on contracts (see item number GR1075-16). 4 years axer the expira+on or termina+on of the instrument according to its terms. Remarks Record Number GR1025-04 c GR1025-04 d GR1025-04 e Record Title Record Descrip?on Reten?on Period BUDGETS AND BUDGET DOCUMENTATION BUDGETS AND BUDGET DOCUMENTATION BUDGETS AND BUDGET DOCUMENTATION Working papers created exclusively for the prepara+on of budgets, including budget requests, jus+fica+on statements, and similar documents. Encumbrance and expenditure reports (status reports showing expenditures and encumbrances against a budget). Budget change documenta+on, including line item or con+ngency/reserve fund transfers and supplemental budget requests. 2 years 2 years 2 years Remarks 12
Record Number PS4450-02 PS4450-02a PS4450-02b Record Title Record Descrip?on Reten?on Period EMERGENCY MEDICAL SERVICE RUN REPORTS EMERGENCY MEDICAL SERVICE RUN REPORTS EMERGENCY MEDICAL SERVICE RUN REPORTS Emergency ambulance run ac+vity reports, advanced lifesupport report forms, and similar records per+nent to documen+ng the condi+on and treatment of sick or injured persons by emergency medical personnel. Treatment rendered. 6 years, 3 months from date service rendered, or un+l the pa+ent's 20th birthday, whichever later. Treatment refused. 2 years. Remarks Permanent ESD Records:! Board Mee+ng Minutes (GR1000-03a)! Resolu+ons (GR1000-05)! Annual Budgets (GR1025-04a)! Annual Financial Reports (GR1025-07b) 13
Texas Government Code, 552.002 (Texas Public Informa+on Act) Case study: Text messaging during open mee+ngs: h_p://bit.ly/council-texts Led to OAG opinion that text messages are subject to the Public Info Act. h_p://bit.ly/tex+ng-ag-opinion 14
When you ask: How long do I keep my email? We will tell you: 1. Email is a format for a record, not a type of record. 2. You must determine the reten+on by analyzing the content of the email. h_p://bit.ly/emailmgmt-1 DISPOSITION Promotes:! Cost savings! Faster informa+on retrieval! Use of space! Legal protec+on Prevents:! Informa+on overload! Human error! Nega+ve percep+on of public 15
DISPOSITION Before disposi?on, ask:! Has it met reten+on?! Are there copies?! Do I have a disposi+on log?! Did I receive internal approval?! Is there a destruc+on hold? 16
COMPLIANCE Are you in compliance? 1. Records Management Policy (Order, Ordinance, Resolu+on) 2. Records Management Officer (RMO) 3. Records Reten+on Schedule/ Decision Download forms: h_p://bit.ly/tslaclocalforms COMPLIANCE Compliance Element 1: Records Management Policy! Model Order or Ordinance for Small Local Governments (Policy Model 4) Designates RMO Must be accompanied by minutes or signature cer+fying its adop+on by your Board. 17
COMPLIANCE Compliance Element 2: RMO Appointment! Must match policy! Designa+on of Local Government RMO Form SLR 504! No+fy us within 30 days COMPLIANCE Compliance Element 3: Reten?on Decision Two Op+ons: A. Permanent reten+on of all records (no schedule); OR B. Declara+on of Compliance (SLR 508). 18
COMPLIANCE Compliance Element 3: Reten?on Decision! Op+on A: No schedule Keep every record forever By choice or by default RCS not required Policy and RMO appointment on file with TSLAC is s+ll required COMPLIANCE Compliance Element 3: Reten?on Decision! Op+on B: Declara+on of Compliance Adopt TSLAC local schedules Form SLR 508 Choose schedules that apply to your organiza+on 19
COMPLIANCE SLR 508 form Adop?ng Schedules COMPLIANCE CHECKLIST " Records Management Policy:! Policy Model 4! Board adopts policy! Mail policy and board approval documenta+on to TSLAC " Records Management Officer:! Ensure policy designates an RMO! Complete and mail form SLR 504 " Adopt Reten?on Schedules:! Complete and mail form SLR 508 form adop+ng Schedules GR and PS (and possibly EL and TX) 20
CONTACT The Texas Record blog:! Announcements! Upcoming training! New services! Featured ques+ons h_p://bit.ly/txrecord CONTACT Find the analyst assigned to your county: h_p://bit.ly/contact-analyst Call: (512) 463-7610 Email: slrminfo@tsl.texas.gov 21
CONTACT Ques?ons? Bonnie Zuber Government Informa+on Analyst Phone: (512) 463-0188 Email: bzuber@tsl.texas.gov h_ps://www.tsl.texas.gov/slrm 22