I appreciate everyone's feedback. 

 

To clarify, I certainly do not advocate the destruction of records that
may be relevant to pending or anticipated litigation. My situation is
similar to what Sandra mentioned:

 

> One of the ways is by asking (open records request) for "everything
that has to do with "whatever or whomever".

 

Fortunately this kind of all encompassing request is not permissible
under KY Open Records Law. However our legal dept., in apparent
anticipation of a similar discovery request pertaining to current
litigation, has ordered the suspension of all records destruction until
notified otherwise. In my opinion this is totally unnecessary. 

 

Our records destruction is done in accordance with a well established
records retention schedule which has been approved by the state Archives
and Records Commission. The process is documented and requires
authorization by the director of the division before destruction can
occur. I wouldn't have a problem with a hold on destruction of a
specific type of record or records from division XYZ, but this is not
the case. 

 

It's a frustrating situation and really throws a monkey wrench into
records center operation. My biggest fear is that the end result will be
that whenever we are allowed to resume destruction, it may appear that,
as Steve and Larry point out, our retention schedule is being
"inconsistently applied." My goal is to be able to achieve some kind of
compromise.

 

Thanks again to all who responded.

 

Roger Hamperian

L.F.U.C.G. Records Center and Archives

Lexington, KY 

 


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