Print

Print


Some may recall the situation at the University of South Carolina 15 years
or so ago when some administrative records with potential for bad PR at
least and jail at worst were taken out to a landfill and buried
surreptitiously.  Reporters got wind of this--in a manner of speaking--went
out to the landfill and, yep, they dug those boys up and had a field day
with them.  So, given the case law re Nixon's garbage on the street, just
about anybody can "discover" records.

Mike Pemberton



  At 04:35 PM 7/22/2002 -0700, you wrote:
>What if we, as records Managers, leave the "body" of records out there. Just
>what can be proven with an entire year or more of your organizations
>records. Presumably these would be the more sensitive records. Now we all
>know that newspapers are the most reputable of all industries and would
>never stoop to acquiring a years worth of records, but what about those
>tabloids and magazines? Hopefully none of us are in competition with anyone
>that would want those records. Certainly the sanitation industry would take
>death before dishonor in disclosing the location of records to anyone other
>than a court appointed representative. Maybe I am making to much of it. I
>guess I'll sleep well knowing that there are no skeletons (or bodies) buried
>in our records.
>
>Chris Flynn
>
>-----Original Message-----
>From: John Montana [mailto:[log in to unmask]]
>Sent: Monday, July 22, 2002 3:58 PM
>To: [log in to unmask]
>Subject: Re: Landfill Records was Hypothetical on Records Destruction
>
>
>Ah, proves my point.  In a lawsuit about a murder, what
>bit of evidence could be more important than the
>corpse?  Its not a record, but quite important enough
>to make a strenuous effort, even in the absence of
>detailed records on location.
>
>Broadening the analysis to records, the question is,
>how important are the records, and the lawsuit?  Given
>the right records in the right legal action (let us
>suppose for example that the FBI is looking for
>important terrorist records related to September 11),
>Ms. Wilson's observation is quite correct.  They'd dig
>up the whole landfill if it took them a year to do so.
>If its a small claims action for $50, and the item in
>question is a McDonald's register tape, it becomes a
>very tough sell.
>
>Charis Wilson wrote:
>
> > I don't know about all landfills, but we recently had a case in Colorado
>where a missing woman's body was found in a local landfill because the
>landfill kept records about what trucks dumped materials in what locations,
>at what times. They were also using the records to determine what areas to
>search for the daughter's body in.
> >
> > The landfill records were also being used to link the body back to her
>husband, as part of the murder case.  The company where he worked, at the
>time, had a dumpster that was picked up and dumped in that area at that time
>and he was seen dumping several boxes into it the day after the
>disappearance.
> >
> > So if all landfills keep similar records could the court rule that the
>"destroyed records" are not only NOT destroyed, but since they can be
>located they must therefore be produced?
> >
>
>
>
>--
>John Montana
>Montana & Associates, Inc.
>29 Parsons Road
>Landenberg Pa 19350
>610-255-1588
>610-255-1558 fax
>[log in to unmask]
>
>visit our website at http://www.montana-associates.com
>
>List archives at http://lists.ufl.edu/archives/recmgmt-l.html
>Contact [log in to unmask] for assistance
>
>List archives at http://lists.ufl.edu/archives/recmgmt-l.html
>Contact [log in to unmask] for assistance

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance