Hello Rosanne,
Maybe I am old school on this but I have to ask, why would the service provider require transfer of ownership from you? To put a fine point on this "be afraid be very afraid". Simply put, tell them no can do, those records belong to your organization and the destruction of that information is your responsibility. When they come to provide the services of shred and pulping they are accountable for the proper handling and destruction of materials. If you transfer the rights of ownership, you are not protected against their mishandling of the materials. I hope you are getting a letter of destruction from them as well.
I would instead create a list of requirements, create a RFP and send it out to all local vendors. You can also include a requirement that the shredding is to take place onsite. Once shred, if they want ownership for purpose of recycle sales, then that would be different. The potential level of liability to you personally and to your organization is staggering. You are not transferring ownership you are conducting a destruction.
Donald J Mattson
Electronic Records Manager
CenterPoint Energy, Inc.
1111 Louisiana Street
Houston, TX 77002
713-207-7167
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Butler, Rosanne
Sent: Thursday, April 16, 2009 9:45 AM
To: [log in to unmask]
Subject: Records Shredding/Pulping/Removal Agreements--Requirements
Hello,
I have been a "lurker" on this list for the past 2 years, and this is my first public posting. Personal background: I worked as an archivist and manager at the National Archives of the United States for 26 years and have been with the Colonial Williamsburg Foundation Archives for a number of years. I have found this listserve to be an invaluable source of information and guidance, and hope you can help with a question I have.
My question to the list is as follows:
We operate both an archival facility and a small (ca. 11, 000 cu.ft.) records center; the latter is located about 4 miles from the archives. We dispose of about 1500 cu.ft. of non-permanent paper records each year from the records center. The company that for many years removed and pulped these records for us recently changed hands. The new management is now asking us to sign a Services Agreement (the former management never did this) that among other things requires us to transfer title of the records to them when they remove the records.
I am wondering whether any list members who do business with records removal/shredding/pulping companies have been asked to sign agreements that contain such a requirement? Is it common practice for these companies to require that title to the records be transferred to them? Should we be wary of such a requirement?
Thank you in advance for any advice you can offer.
Rosanne Butler
Director, Archives and Records
Colonial Williamsburg Foundation
P.O. Box 1776
Williamsburg, VA 23187-1776
757 220-7248 (phone)
757 220-7398 (fax)
[log in to unmask]
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message.
mailto:[log in to unmask]
|
