On Tue, 31 Jul 2007 16:56:18 -0400, Diane Carlisle <[log in to unmask]> 

>Perhaps a follow-up clarification is appropriate here --
>I am mostly interested in the controls that are in place to fulfill the
>organization's responsibility to suspend the destruction of records
>affected by legal holds. Since this responsibility extends to holds that
>are "reasonably anticipated" it seems to require a more active role from
>the Legal Dept. Agree?

To answer your original question, in our organization, the records manager 
has final destruction approval for records.  Our policy identifies that 
responsibility to rest with the RM.  The office of record is required to 
advise ther RM of any ongoing business need for the records prior to their 
destruction, but does not give destruction APPROVAL.

Our Chief Counsel has been very clear in stating that they do not APPROVE 
destruction, but RECOMMEND continuing, or RECOMMEND suspending, 
destruction.  The Legal organization exists to provide the company with 
advice, guidance, and recommendations, what we do with that advice is up to 
us.  They act in an advisory role, therefore, cannot and would not APPROVE 

In the case of a legal hold, the legal organization would become the office 
of record for the affected records.

Lee Michael, CRM
Records Program Manager
National Renewable Energy Laboratory
Golden, CO

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