At our organization (over 4500 employees) the senior archivist (me, I am
the Department's records manager as well as archivist) signs all
destruction requests as the final authority representing the Director.
The destruction request is signed by the person requesting destruction
and the top level person in that Division/Bureau and then submitted to
me. The Legal Bureau is involved in the creation of the schedule when
the Chief Counsel reviews and signs off on all revisions to the
retention schedule (Records Disposition Authority, which is approved by
the State Records Commission). Legal also notifies me when there is a
legal reason to suspend destruction (this notification applies only to
specific records and does not suspend destruction of all records).
Do not be confused by the newly acquired J.D. after my name, I am not in
the Legal Bureau.
Christopher M. Davidson, J.D.
Senior Archivist
Records Management Office
Alabama Department of Transportation
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Gus Harris
Sent: Wednesday, August 01, 2007 8:28 AM
To: [log in to unmask]
Subject: Re: Who gives final destruction approval in your company?
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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