I think there is a misconception here.

Once the retention schedule has been approved and signed off, there is no
approval required for destruction.  Notification that records are about to
be destroyed - yes, but no approval.

The procedures should state that destruction will take place if no notice to
the contrary is received within a certain period of time.  After all, these
records do not belong to the individuals concerned.  They belong to the
organization.

If one does not stick to the procedures consistently, a court would have no
trouble ruling against you.  You must have a set documented plan for each
and every situation.


On 7/31/07, McCutcheon, Stephanie <[log in to unmask]> wrote:
>
> Hi, Diane.
>
> I've not seen one.  At my former company, I had a liaison in Legal, who
> provided final review and approval of all records destructions.  I ran
> and distributed quarterly reports for each department/division, and
> after receiving their approval for destruction, they were funneled to
> Legal.  Quarterly reviews seemed to work best for us, because things
> didn't pile up too badly.  However, destruction review after removal of
> a litigation hold was another story.
>
> Regards,
>
> Stephanie McCutcheon, CRM
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Diane Carlisle
> Sent: Tuesday, July 31, 2007 9:51 AM
> To: [log in to unmask]
> Subject: [RM] Who gives final destruction approval in your company?
>
> Please continue reading if you are:
> In a Fortune 500 company
> With a formal records management program
>
> No -- this isn't a trick question!  In your experience, have you seen
> effective, records review and destruction approval processes in which
> attorneys did not sign off on the destruction of records?
>
> We have a client who asked us to explore this issue -- they are
> concerned about the time it will take for an attorney to review and sign
> off on the destruction of records for a company their size.
>
> We want to ensure that the destruction approval control mechanism will
> stand up in court -- so have you seen other approaches that you believe
> are defensible? Are you reviewing your internal approval processes,
> given the new FRCP changes?
>
> Thanks in advance for your time and input!
>
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