RECORDS MANAGEMENT & RETENTION Hilda Cuthbertson, CCCII, ICM Fellow Court Consulting Program Director Borjorquez Law Firm, PC OBJECTIVES Explain the goal of a records inventory Explain state rules regarding records retention List the elements of a record s life cycle List the steps to develop a records management program Explain the goal of a records inventory List the criteria for destroying records and methods of destroying records. Did we do process this much paper? 1
RECORDS MANAGEMENT Active supervision and control of all records, including monetary, which includes the economical and efficient creation, organization, use, maintenance, and disposition of records. Municipal Court Clerks are responsible for the care, control, maintenance, and archival of all municipal court records, including all financial records. Also responsible for the management of time and the events involved in the movement of cases through the court system. Texas Legislature adopted the Local Government Records Act in 1989. State of Texas expects government to operate efficiently and cost effectively and to preserve its records. 2
What kind of records does a Court have? Citations Documents Medical documents Payment Plans Financial Affidavits Complaints Warrants Receipts Juror information Cases Reports Historical information Personnel Files TCOLE Memos Contracts Training manuals Policy and Procedures General Accounting Budget Audit reports Deposits Refunds Cash bonds Bond Forfeitures Revenue Court Costs Financial Why is this important to Courts? Should have a successful records management system, including financial. Should effectively manage the caseflow of the cases. Should understand the laws and rules governing the maintenance of court records. Economical establishment and maintenance of court records. Efficiently and effectively disposed of court records. What did this act establish? 1. Requirement for local governments 2. Established records management officers 3. Custodians of the records 4. Removed restrictions such as requiring records to be kept in well bound books Section 201.004 Local Government Code 3
Records Life Cycle Creation or Receipt Disposition Records Life Cycle Active Use Inactive Storage INVENTORY GOAL: Not to inventory every PIECE of paper, rather to determine and identify record categories PURPOSE: To determine what types of records WHAT: Where are these records located or where will they be located? Provides a picture of records to be managed and analyzed. Assist in implementing or revamping policy Meeting State Retention requirements BENEFITS: Save space or plan for future space Proper evaluation of file functions and activities Assessing length of usefulness of records Appraisal of legal implications of records BENEFITS: Save space or plan for future space Proper evaluation of file functions and activities Assessing length of usefulness of records Appraisal of legal implications of records 4
Preparing for inventory: INVENTORY Define objectives Communicate goal and plan to Staff Be specific about the data to be collected Determine file locations Prepare an inventory form Establish work schedules and completion dates Select team members for the inventory process INVENTORY Successful inventory: Identified records by category or record series Physical location of all records Reference activity Analysis cost of recordkeeping Categorize equipment and supplies Methods for disposition of obsolete records Public Information Act, Government Code Chapter 552 Implements the open records policy Applies to governmental bodies Expressly excludes the judiciary meaning that they provisions do not apply to municipal courts However, case law has long recognized the general right to inspect and copy court records and documents. Nixon v. Warner Communications, Inc., 435 U.S. 589(1978). 5
Request for Information City s Records Management Officer (RMO) Know City s policy Develop a policy for how public can access records, if City does not have a RMO Develop and establish a written request form Stamp date received/receiver s initials Present request to judge to make decision whether to release records REQUESTS FOR INFORMATION Know or develop a fee schedule for copies, electronic media, USB drives, etc. General Services Commission Section 552.266 Government Code/check with RMO Keep requests on file Document when and how information is provided to requestor RECORDS RETENTION Every City required to establish and implement a records management program by ordinance January 1, 1991 Sec. 203.026 Local Government Code (LGC) provide methods and procedures to fulfill duties and responsibilities Establish the office of Records Management Officer (RMO) RMO responsible to have prepared and filed a records retention schedule to the Texas State Library and Archives Commission (TSL) City/Courts records retention schedules can not be less than the prescribed state or federal law or established retention schedule by TSL (Sec. 203.042 LGC) 6
RECORDS RETENTION Retention schedule for JPs and municipal courts is Local Schedule LC TSL website: www.tsl.state.tx.us/slrm/recordspubs/lc.html No local government can dispose of a record listed in the TSL mandatory retention prior to expiration of retention period Local government/courts retention period can exceed TSL Required to cooperated with RMO carrying out policies and procedures to meet state statues Sec. 203.022 LGC DISPOSITION OF RECORDS LGC Section 202.001 establishes criteria for destroying records records may be destroyed, if: Has met TSL and local retention period Appears as an obsolete record approved by TSL TSL approves request for authorization to dispose of unscheduled records TSL s retention period has not yet expired, record has retention period of less than 10 years and has been converted to electronic medium in accordance with LGC Chapter 25. TSL s retention period has not yet expired, record has retention period of 10 years or more, local govt. has submitted request to TSL for approval for electronic storage. Court expunction order issued by a district court pursuant to state law 7
NOTICE OF DESTRUCTION City should have a policy If City does not have a policy contact TSL Must request approval to destroy records from RMO or TSL If no RMO request approval from TSL Must be in writing Must receive written authorization to destroy Maintain on file a copy of the records destroyed DESTRUCTION METHODS LGC Section 202.003 Methods include: Burning Shredding Pulping Burying in landfill Selling or donating for recycling Confidential records under the Public Information Act or other state laws must be burned, pulped or shredded. UNLAWFUL DESTRUCTION OF RECORDS LGC Section 202.008 Class A misdemeanor Offense Officer/Employee knowingly/intentionally violates any requirements of LGC act or rules adopted under it by destroying or alienating a record or by intentionally failing to deliver records to a successor in office Penal Code Section 37.10(3) offense to intentionally destroy a governmental record Important to adhere strictly to records retention and disposition schedules developed by the City and approved by TSL More information in Level II, Records and Caseflow Management 8
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