Mark
has hit upon what many have been dancing around. It is the organization that
defines what is a record. In this case the KY AG has interpreted the law to
mean that anything and everything is a record for KY state agencies .

We can jaw back and forth about what is a document or record until the cows
come home, but it all comes down to each of our organizations will define
what a document is and what a record is based upon the organization's
business processes and the laws and regulations (and i'm not talking just
about those that have retention requirements) that affect the organization.

What one organization defines as a record will probably not apply at
another.

Peterk

On Thu, May 14, 2009 at 9:31 AM, Mark Myers <[log in to unmask]> wrote:

>
>
> Definition:  Public (government) records are defined by Kentucky statute
>  (KRS 171.410 (1)) as "all books, papers, maps,  photographs, cards, tapes,
> disks, diskettes, recordings  and other documentary materials, regardless of
>  physical form or characteristics, which are prepared,  owned, used, in the
> possession of or retained  by a public agency."
>
> Note that KY's public records law lacks the phrase, "in the course of
> business" or "pursuant to legal or official requirements" or something to
> that affect.  Thus, our AG's office (the state's authority on open records)
> has interpreted that to literally mean ANYTHING in your possession.



-- 
Peter Kurilecz CRM CA
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Richmond, Va
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