Shari ...
I believe you would find that the "best practice" to print out the
electronic record and file is probably appropriate. You can check other
government agencies to see how they address the problem. I know that the
State of Washington has the same policy (or at least the current manual
reflects it) for electronic records. It is in their Records Management
Guidelines for Local Government Agencies of Washington State). You can
download from the State Archives
http://www.secstate.wa.gov/archives/records_management.aspx
Then goto General Retention Schedule, then open the Local Government
document, Page 27 thru about 32 I believe. Gives you some very good
guidance.
Liability: I'm not a lawyer, but my guess would be none. My guess would be
the city lawyers would receive or should receive notice, then inform you or
depending how they establish their process, notify the individuals who have
the records to produce and/or keep safe. My guess you don't manage the city
electronic records, so if the city lawyer sends the request to you, you
would request the records be produced by the technology people who are
managing the electronic records and the user (who sent and/or received the
documents). They have to produce, you don't. If they don't have, they
would have to explain why they didn't maintain in accordance with the
policy. Your job in this case is training on the policy. Frankly, you may
have the responsibility as "records custodian", but you don't have the
authority to manage the records (I personally don't think many "records
custodian's do).
Your not "chicken little", you have informed the responsible people (city
administration, lawyers, and technology group) of the requirements.
Keep a CYA/SYA file and keep bringing pertinent information to the people
who are in charge. They have their heads in the sand. It's a never ending
job.
Good Luck...
Robert W. Dalton, CRM
Dalton Consulting
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Shari Coughenour
Sent: Friday, December 10, 2004 1:41 PM
To: [log in to unmask]
Subject: Electronic Discovery - e-mail practices
Our computer tech committee decided that the best practice is to print out
"important" e-mails and file. Our attorney has been directed to write a
policy on this premise. I will suggest to our attorney to include language
that the records need to be identified and filed by topic/relative nature
following the retention schedule. My first question to the list is as
"records custodian" what liability would I personally have due to this
policy if we're directed by a court to submit electronic records that we
don't have?
Our city has decided that they're willing to accept the risk of not keeping
electronic information past the length of the backup tape recycle time.
I've forwarded the list's information regarding the e-mail best practices
thread of a week or so ago to the city administrator, city attorney and
technology person in hopes of enlightening them. They perceive me as chicken
little, proclaiming "the sky is falling in". Perhaps they don't perceive the
risk or they are willing to assume the risk. I had a risk/benefit
conversation with my immediate supervior, the city administrator and he told
me that e-discovery isn't relative to our city. My second question: Am I
really chicken little? I'm thinking the city is not exempt from lawsuits or
a discovery order. In fact, we do have a lawsuit brewing relating to a land
deal. Fortunately, I've not any e-mails regarding this other than some
records requests for minutes of meetings, which requests are transitory in
nature and not kept.
Thanks for your feedback.
Shari Coughenour, CMC
City Clerk
City of Marshalltown
24 N. Center Street
641-754-5701 ph
641-754-5717 fax
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