I would caution people to recognize that Peter's citation appears to refer
to information the federal government is collecting from citizens and
others, not to federal government records, per se.  If you are talking about
federal documents/information that meet the definition of "record" under the
Federal Records Act, then that HAS to be scheduled before it can be
destroyed.  A series of records either has to be matched to one of NARA's
General Records Schedules, or a specific schedule item for that series has
to be developed and approved by NARA.  If it's non-record stuff you're
concerned about, then I suppose you could apply a 3-year rule if you want,
but generally non-record material can be disposed of as soon as it is no
longer useful to you.

Greg Schildmeyer, CRM
Director of Records Management
Missouri Secretary of State

-----Original Message-----
From: Peter Kurilecz [mailto:[log in to unmask]]
Sent: Wednesday, April 06, 2005 11:17 AM
To: [log in to unmask]
Subject: Re: Document Destruction

On Apr 6, 2005 11:39 AM, Barry Malone <[log in to unmask]> wrote:

> Attorney Skupsky has stated in the past that a three year presumption
> of retention is acceptable if none can be found.

When it comes to federal retention requirements. this assumption does not
apply to state retention requirements.

the citation (for those who are interested) is 5 CFR 1320.5(d)(2)(iv) which
states

"(2) Unless the agency is able to demonstrate, in its submission for OMB
clearance, that such characteristic of the collection of information is
necessary to satisfy statutory requirements or other substantial need, OMB
will not approve a collection of information-

(iv) Requiring respondents to retain records, other than health, medical,
government contract, grant-inaid, or tax records, for more than three
years;"

--
Peter Kurilecz
Richmond, Va

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