Public Records and Records Retention

Public Records and Records Retention Mark Arend 18 October 2012

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

Do your Files Look Like This?

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 records • Notes, 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

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 athttp://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 • Have the board adopt the schedule • Notify State Historical Society • Receive their approval

4. Start Tossing

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

Public Records and Records Retention