Under SOX there is clearly defined liability for the CEO and CFO based
on their executive role of being over the records management function.
Other laws reinforce this responsibility.

In a recent case, near my home, a school district about 20 miles from
here had an alleged case of molestation and child abuse by a teacher
and it took about two seconds for this to track back to the
Superintendent as being responsible for the conduct of the teachers
under his control.  Of course this became a records management issue
when the family alleged that this was ongoing and that the School
District had failed to act on complaints from the family.

But that is not my question here as that will play out in the courts.
My question is concerning a school district that has conflicting
interests that affect the safety of their records.  The records now are
in a well designed situation;  but another agency in the county wants
to build something adjacent to the records center that introduces new
elements of risk that jeopardize the safety of the records. Since this
agency has equal power to do what they want, the Superintendent needs
to prove to the county that this records center should be kept away
from other agencies that bring risk to the existing records center.

Sooner or later, this will fall into the lap of the superintendent.
What liability does a Superintendent of Schools have with regard to
protecting records? Since he or she is beholding only to the School
Board, that makes them effectively the CEO.  Does this bring some of
these laws into play or is this a grey area?

Hugh Smith
FIRELOCK Fireproof Modular Vaults
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(610)  756-4440    Fax (610)  756-4134
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