Jesse, I was primarily focused on the FOIA aspects, which is pertinent
to the Governor Palin thread. Someone like Larry will have to pitch in
regarding federal regulations regarding actual records maintenance
requirements. From my somewhat better familiarity at the state level,
such requirements tend to fall under "the rules of the Senate" or other
legislative rules (legislatures are allowed to set their own rules of
operation). The sanction could be censure, reprimand, etc.... usually
subject to a vote of the particular legislative body.

Note that until HIPAA came along, the actual hard penalties for most
non-national security related violations were fairly minor. In Oregon,
it was a Class C misdemeanor for years, with only one known citation in
the history of the state. HIPAA is the first public records (actually
public and private) requirement that I am familiar with that carried
real financial teeth. There are others pre-dating HIPAA that tended to
be more directed at SEC regulated industries, not the public sector.
This situation is beginning to change, particularly in relation to
privacy. Its interesting to note how, increasingly, issues of privacy
and access (the latter has always been a high visibility issue) are
beginning to back into issues of maintenance (until recently, never
addressed or mentioned). Again, this raises hope that we will begin to
see a better alignment between the aspirations of the various
regulations, and actual resource allocation. 

Dwight Wallis, CRM
Records Administrator
Multnomah County Fleet, Records, Electronics, Distribution and Stores
(FREDS)
1620 S.E. 190th Avenue
Portland, OR 97233
Phone: (503)988-3741
Fax: (503)988-3754
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