Hugh .... I agree with some of what you are saying, but if I was a
lawyer(not one)for the "records manager" I would probably counter saying and
proving the whole company document management program is a sham.  While the
individual has the responsibilities of "Records Manager" he/she wasn't given
the authority to manage the program.  

I think you could also convince a judge that the program was developed for
the express purpose of building a "wall" around management.  Believe there
has been some case law that would support this. 

As a defense I would attempt to show that:
.  I wasn't provided the funding or support to manage the program.
.  My position was to establish and provide guidance and recommendations
only.

Besides, under Sarbane-Oxley I believe the ultimate responsibility for the
company resides at the highest level of management.  

R W Dalton, CRM
Dalton Consulting
1-253-229-4555

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Hugh Smith
Sent: Thursday, August 16, 2007 10:11 PM
To: [log in to unmask]
Subject: Re: [RM] Backup Tapes as a Records Series - (Some humor??)

> From:    Patrick Cunningham <[log in to unmask]>
> Subject: Re: Backup Tapes as a Records Series - (Some humor??)


On Aug 17, 2007, at 12:00 AM, RECMGMT-L automatic digest system wrote:

> If the IT department decides to bundle
> up the archived tapes and ship them off to a barn in the back of a
> pickup truck, should we act on that? Perhaps.  It's dumb and it is
> risky and it likely puts the company's ability to maintain records at
> risk. On the other hand, if the IT department does the same thing with
> backup tapes, should we care? Perhaps not, other than as a stockholder
> or employee who might be concerned about security as well as the
> ability of the company to recover from a disaster.

If you take that approach, then we might all miss you over the next  
10 to 20 years while you server your time. By Code  you are "The  
Responsible Party".  Some corporations are making the IT Manager sign  
the yearly financial statement because the spoliation issue scares  
them.  But technically if any record is mssing, as an executive  
officer I would have the attorney which I am paying lay the blame on  
the records manager.

This is your job.  Manage records.  They're all yours baby!  In New  
York they refer to this as setting someone else up to take the fall.







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