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Subject:
From:
John Montana <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 27 Jan 2005 13:43:02 -0500
Content-Type:
text/plain
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text/plain (214 lines)
A classic case of unintended consequences when legislators dabble in things
they are unfamiliar with.  One wonders just how they’ll determine just what
might be “current state of the art technology” and what they’ll do when
different offices choose different and perhaps incompatible “state of the
art technology.”  And of course, how they’ll keep up with both technology
and backfile conversions, since the law appears to make “state of the art”
mandatory.

John Montaña
General Counsel
Cunningham & Montana, Inc.
29 Parsons Road
Landenberg PA 19350
610-255-1588
610-255-1558 fax
484-832-3260 cell
[log in to unmask]
www.cunningham-montana.com


> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Rich Wilson
> Sent: Thursday, January 27, 2005 12:39 PM
> To: [log in to unmask]
> Subject: Re: Help, need ammunition to defeat the worst possible public
> records legislation EVER proposed!
>
> I am prohibited from lobbying, but here is the link:
>
> http://legisweb.state.wy.us/2005/Introduced/HB0270.pdf
>
> >>> [log in to unmask] 1/27/2005 9:59:18 AM >>>
> Good morning all!!  I'm usually a lurker but I'm posting this from the
> CRM listserv to the records management listserv for Janie Wait with her
> permission.  I've read the changes in the policy below and while they
> seem well intentioned I don't think the legslators have thought through
> this one.  In another post to the CRM Listserv Janie said that  "State
> Archives was NOT consulted about or informed of this legislation being
> proposed", but they are now in the process of reviewing it and "are
> involved in trying to rewrite the bill to something that integrates
> reasonable records management practices at the very least."  I think the
> intent of the proposed changes are good but the wording and
> ramifications of these changes were not completely thought through.
>
>         -----Original Message-----
>         From: Janie Wait [mailto:[log in to unmask]]
>         Sent: Wed 1/26/2005 9:30 AM
>         To: [log in to unmask]
>         Cc:
>         Subject: [ICRM-L] Help, need amunition to defeat the worst
> possible public records legislation EVER proposed!
>
>
>
>         Dear Fellow CRM's,
>
>         I need your help.  A totally uninformed rookie legislator has
> proposed
>         changing the current public records policy for the State of
> Wyoming by
>         deleting the word "microfilm" and replacing it with "current
> state of the
>         art technology" with NO other changes!!!!
>
>         http://legisweb.state.wy.us/2005/introduced/hb270.pdf
>
>
>
>         Some of my comments to the elected officials.
>
>         I just received a copy of House Bill No. HB0270 and it chills
> my
>         professional bones.  I cannot even conceive of letting this
> bill go through
>         as written.
>
>         The fact is this bill gives statutory right of individual
> elected officials
>         the make decisions that could compromise Wyoming's current and
> future
>         recorded history.  Why would anyone sponsor such a  bill
> without getting a
>         basic records management background or consulting with State of
> Wyoming
>         Archives to find out WHY the current statutes are written as
> they are.
>
>         If we are going to to allow the "latest state of the art
> technology" to be
>         implemented then there had better be procedures attached to
> insure it's
>         success.
>
>         The primary goal of media conversion is to preserve a body of
> information
>         generated or collected by  different entities such as
> yourselves. If you
>         lose track of information anywhere along the life cycle, you
> expose yourself
>         and your business or agency to unimaginable trauma and risk.
> Granted it is
>         important that you control the growth of records in order to
> reduce
>         operating costs and improve efficiency and productivity for the
> end users
>         but not at the risk of losing the information.  We have to
> remember that
>         when we introduce new technologies that we assure compliance
> with laws and
>         regulations as well as safeguard vital information.  Our
> intention is to
>         support better management decision-making with all relevant
> information and
>         preserve documents for business and research purposes.
>
>         That being said, I intend to get some of the the information
> needed to make
>         this bill work to each of you so you can rewrite it or kill it
> until you can
>         get some relevant education about the industry and the
> unimaginable risk you
>         are taking with this bill! To that end I intend to email you
> every day until
>         you have time to respond to my concerns!
>
>         To which I got back the following:
>
>         I support this bill. I think it is a good bill and I disagree
> with your
>         statements. I am, however, not closed to hearing your
> information on the
>         bill. Forward me what you have and I will read it.
>         Thank you,
>         Representative Bryan Pedersen
>
>
>         I thought to start with these two articles from
> nwww.edocmagazine.com
>         oMedia considerations for Record Retention and Archiving
>         nJack Scott, September/October 2002
>         o
>         The Danger of Digital
>         nAndy Lawrence November/December 2001
>         PLEASE LET ME KNOW OF ANY ARTICLES, RESEARCH, OR OTHER SOURCES
> OF UNBIASED
>         INFORMATION THAT I CAN FORWARD TO THIS GENTLEMEN TO MAKE HIM
> REALIZE THAT
>         RECORDS MANAGEMENT IS NOT A THROW AWAY CONCEPT AND BAD
> MANAGEMENT CAN HAVE
>         HUGE CONSEQUENCES.
>
>         Janie  Wait
>
>
>         Janie Wait, CRM, MBA
>         President
>         Director of Marketing
>         Intermountain Record Center, Inc
>         3765 Airport Parkway, Casper, WY 82604
>         PO Box 2770, Mills, WY 82644
>         307-265-9553
>         307-237-8225
>         [log in to unmask]
>         www.irc-wyo.com
>
>         [Non-text portions of this message have been removed]
>
>
>
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>
>
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