Jeanine,

First I would say Happy Birthday to James Bertram Rhoads, Former Archivist
of the United State of America, Happy Birthday Bert.

Be proactive in dealing with records that are not available for disposal
when the retention period is met. Train staff to own this. Documentation
must detailed and consistant. In your case get in writing from the staff
involved what happened, when etc. the more detail the better. Then provide
documentation for your soloution. How are you going to ensure that this
does not happen again. Due diligence is the key. Not every variable in the
business process can be anticipated. When something happens outside the
process we have the reposnisbility to recognize it, deal with with and
arrive at solution.

As far lawyers go.... They will do what they do.
We cannot control what a judge will decide, that is why they try the cases.
Our role is to own what we are responsible for.

Retention of this series can be problematic.
Keeping the records can be as easy as life of the original retention period
plus 3.
What happens if the records were permanent?
What happens if in same occurrence permanent and temporary records are
destroyed?
What happens if the records are part of a disaster?
What happens if?
Begin with the record syou are dealing with now.
Assign a reasonable, rational, retention to the series.
Next begin to address the what ifs.
Think it out and have a plan in place for future occurances.
Build granularity into your policies and retention schedule/

DO NOT IGNORE THE OCCURRENCE
Auditors dread it.
Lawyers drool over it.
Jusdges have no patience for it

Have a good week

Chris Flynn





On Fri, Sep 14, 2012 at 12:55 PM, Streamliners, Inc. <
[log in to unmask]> wrote:

> I have a question a from a business partner (document shredding company)
> I'd
> like to put out to the group.
>
>
>
> Their client provides mental health and counseling services and
> accidentally
> put a few boxes of records that should not have been destroyed, in a large
> pile with other boxes to be destroyed. The boxes were accidentally
> destroyed. They are trying to determine how to handle & document this
> accidental destruction. They know the clients/patients names of the
> destroyed files and can print related documents if needed. The files are
> "closed" but the destruction dates were not reached. A process for this is
> not in their current record retention/destruction policy.
>
>
>
> Because the files can be recreated to some degree, is it necessary to
> document this, and, if so, how?  Does anyone have experience with policy
> language regarding documenting disposition errors?  Thanks in advance for
> whatever guidance you're able to provide!
>
>
>
> Jeanine L. Baron
>
> Streamliners, Inc.
>
>
>
>
> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> Contact [log in to unmask] for assistance
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> present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the
> message.
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>

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