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Subject:
From:
Graham Kitchen <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 1 Aug 2007 08:51:06 -0500
Content-Type:
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text/plain (102 lines)
I agree with you Gus.

There are many companies that never get rid of anything unless there is no
room to put what they have got.  The reason being that no one wants to take
the responsibility.

When the schedule is approved and signed off, the only reason to change it
is if there are changes to the four main reasons for keeping the records in
the first place (Legal, Fiscal/Financial/Audit,  Administrative, or
Archival).  This is where Records Management comes in.  It is our job to
keep an eye on those reasons. If we continually pass the process back to
departments, why do we have a job?

If something changes, adjust the schedule and get it re approved.  If not,
continue with the process as approved.

On 8/1/07, Gus Harris <[log in to unmask]> wrote:
>
> I'd disagree here.  Even within large organizations with their own
> general counsel I don't believe that office wants to be "bogged" down
> constantly with approving records disposition.  As well, the vast
> majority of the time there will be no "legal" reason to hold records
> longer...just routine disposal process. I don't think they consider that
> "their" work.  Rather, their responsibility is to get involved "when
> necessary" with prompt notification to appropriate parties (records
> management/department(s) holding records) within the organization
> regarding pending or imminent litigation which would require holds to be
> placed on records.  I just can't see them as a routine part of the
> disposition process...and certainly don't think they would see that as
> part of their role either.
>
> Gus Harris
> Records Manager
> The University of West FL
> Pensacola, FL
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of Peter Kurilecz
> Sent: Tuesday, July 31, 2007 5:31 PM
> To: [log in to unmask]
> Subject: Re: [RM] Who gives final destruction approval in your company?
>
> On 7/31/07, Diane Carlisle <[log in to unmask]> wrote:
>
> > While the other points several have made are related, I am really
> focused
> > in on the ultimate responsibility to protect records from being
> destroyed
> > if they are the subject of a hold.
>
> Two problems here as I see it
>
> 1. During the destruction authorization process (approval has already
> been granted via the retention schedule process) the RM needs to
> provide adequate information to the Legal Dept contact such that the
> individual(s) can make a valid determination. I would suggest that if
> an organization has an associate/assistant general counsel in charge
> of litigation then that individual needs to be in the loop for the
> destruction authorization review. Another inhouse legal counsel may
> need to be involved also to provide review and authorization for any
> records not subject to litigation, audit or investigatory holds. Trust
> me even in a large corporate legal department they rarely talk to
> folks outside of their "practice" area.
>
> 2. The hold notification process needs to be reviewed and upgraded so
> that the RM folks are included as part of the process. I would
> recommend that regular meetings be held at least once a quarter
> between the litigation counsel and the RM folks to review and update
> the litigation holds. IMHO RMs should receive a copy of the discovery
> orders to understand what is being requested. Become familiar with the
> FRCP such that you can recite chapter and verse and know what they
> mean
>
> RMs should be proactive with regards to litigation holds (or any other
> holds for that matter).
>
> Just my thoughts after a long day
> --
> Peter Kurilecz CRM CA
> Richmond, Va
>
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