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Subject: Re: WAS: Austin Chapter hosts Workshop,NOW: Topics re: Destruction, etc.
From: Steven Whitaker <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Tue, 3 Dec 2002 08:06:57 -0800
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The retention of information is derived via these researched and evaluated retention factors:

operational (reference)
fiscal (tax, int. or ext. audit, finance/accountancy)
regulatory (published requirements by fed, state, local agencies)
legal (statutes of limitations considerations, general counsel advice)
historic (the 1% to 3% of records with historic content; via the Archivist)

The retention will be the longest of any of these factors for any set of information (record series), and these take care of key stakeholders' interests.  There are no regulatory agencies of which I am aware who force you to destroy records at any certain point in time.  Many of them do, however, require records to be retained for a certain minimum period of time.

Best regards, Steve
Steven D. Whitaker, CRM


>>> Peter Kurilecz <[log in to unmask]> 12/02/02 01:55PM >>>
On Mon, 2 Dec 2002 13:40:36 -0500, Lawrence Medina <[log in to unmask]>
wrote:

>*  Conflict between laws requiring record destruction
>and those that forbid
>it
>
>I don't think there are really any conflicts...  The
>laws state clearly what gets destroyed, and when.  The
>law also clearly states what cannot be destroyed and
>for how long. Where are the conflicts?

What if one law says you can destroy a particular type of record after x
amount of time, AND another law clearly states that you can not destroy that
particular record? mmmmmm? Sounds like a conflict to me. which law is the
ruling authority? Or are they both co-equal? Each statute is valid? Is one a
state statute and the other one a federal statute? or both state or both
federal. Sounds like it's time to call the attorney. Now what was John
Montana's number again 8-)


Peterk

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