On 6/15/06, Link, Gary M. <[log in to unmask]> wrote:
>
>
> But if the retention has changed because the records in the series
> themselves have changed -- evolved, reformatted, organizational functions
> added or deleted -- then you may not want to apply the new retention to the
> old records.


In my thinking, the scenario above would only be applicable if you have an
ORGANIZATIONAL schedule, not a FUNCTIONAL schedule.  In these cases, you may
change the retention period for business reasons, and therefore, the new
custodian organization may elect to keep the records longer than previously
scheduled.

From: John Montaņa [mailto:[log in to unmask]]
>
> In my opinion, you should apply the new retention period to anything in
> existence on that date.  If the retention period is based upon a changed
> legal requirement, that requirement is applicable to all covered records
> then in existence, so your retention schedule, if it is to be compliant,
> must also be changed as to any covered records then in existence.


I'm 100% with John on this.  If a legal, statutory or regulatory requirement
changes and you have records in storage at the time that happens, they are
ALL impacted by the change... even records you may have pulled from storage
and have in transit to, or awaiting destruction.

If they haven't been physically destroyed PRIOR to the date you became aware
of the change, and you are aware of an increased retention period, then they
must be retained.  If in the event they were destroyed PRIOR to your
knowledge of the increased retention (and you have a destruction certificate
that supports that), then you should send a memo to file documenting the
incident.

Larry
-- 
Larry Medina
Danville, CA
RIM Professional since 1972

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