On Wed, Mar 4, 2015 at 9:36 AM, Cohen, Stephen E. <[log in to unmask]>
wrote:

> How politicians can walk off with their records upon leaving office
> boggles the mind.
>
> I wouldn't fault David Ferriero and NARA. He's done more than most of his
> recent predecessors to get NARA back to where it needs to be, but it's not
> an overnight transformation. NARA's been degraded and emasculated since the
> late '40s when it was tucked under the General Services Administration.
> Directors more and more were appointed because they were cronies of the
> president with limited abilities/interests in archives and information
> management and more concerned with maintaining the status quo. They served
> the political needs of the president before serving the public.


Don't idolize him too much... but you're right, his predecessors didn't do
much to help things along.  He has 'raised awareness' that there is a NARA,
not as much as Nicolas Cage did, but still....

The largest rock NARA has to push up the hill is the creation of rules that
cannot be followed, due to a lack of funding and personnel... Ferriero
forced himself into the spotlight when the Presidential Order was
drafted... he said that NARA should be at the center of the storm, NOT the
OMB or the GSA... but like everything else NARA has been at the center of,
it was a woefully UNFUNDED MANDATE.

Hence, regulations with no teeth because you tell Agencies what they have
to do, how they have to do it, and when it has to be done.. then you
provide no means for them to accomplish it.

44 USC 3301 makes the 'realm of records' pretty clear...

18 USC 2071 makes the penalties for improper handling of them pretty
clear....

36CFR Part 1220 (1220.12, specifically) makes it clear that it's NARA's job
to enforce EVERYTHING in Subchapter B of 36CFR.

36CFR Part 1230 (formerly Part 1230, Subpart G) makes it clear what the
obligations are of Agencies with respect to ensuring records remain when
people leave and also, what the penalties are for removal, alteration,
defacing or destruction of records.

So now that we know all of that, is it the INDIVIDUAL, the Agency, or NARA
that is at fault for letting this happen (repeatedly) with numerous
individuals?

The fact that other have done it before isn't the issue, I'm sure EVERYONE
HERE has heard the argument from their Mothers:

"And if Little Johnny stepped in front of a moving train, does that mean
YOU SHOULD DO IT TOO????"


-- 
Larry
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*----Lawrence J. MedinaDanville, CARIM Professional since 1972*

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