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Subject:
From:
"White, Bruce" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 11 Jul 2006 14:57:27 -0700
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Steve Petersen said:
>Going through the same thing with my employer.  You might try that once 
>an action has been filed it is a public record and available to any 
>citizen ,not just an employee.

Followed by Gary Link:
>Yes, but some destruction holds are, or should be, initiated before an
>action is actually filed. I have read sources that directly or indirectly
>advise you to issue a destruction hold if you become aware that a civil or
>criminal action against you is imminent.

Although not attorney, I suspect you are both correct.  From what I've read
on the subject, hold orders should be initiated either upon a notice to
commence litigation or facts making litigation forseeable.  

One of the most informative presentations I attended on the subject was
given by Arther Smith, Esq., at the Heartland RIM Seminar in May.  In it he
lays out an approach for addressing current or potential litigation.  He
strongly recommends the creation of a company hold order policy/procedure
that spells out what steps will be carried out for specific situations and
responsible parties.  

I've searched on the St. Louis and Central Missouri Chapters and couldn't
find any of the presentations given at the Seminar.  Maybe someone on the
listserve who was part of the organizing committee could post, if available,
on their website.   

Bruce L. White, MBA, CRM, PMP
Manager, Contracts/Records 
  Management
Sempra Global
TEL: 619-696-4671
FAX: 619-696-2534
CELL: 619-952-7145
 
Sempra Global is not the same company as the utility, SDG&E or SoCalGas, and
Sempra Global is not regulated by the California Public Utilities Commission
 

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