Policy 7
Records Retention
March 28, 2024
 

Article 1: Purpose  

The purpose of this policy is to:  

·       Provide guidelines to staff regarding the retention or disposal of District records 

·       Provide for the identification, maintenance, safeguarding and disposal of records in the normal course of business 

·       Ensure prompt and accurate retrieval of records 

·       Ensure compliance with legal and regulatory requirements 

Article 2: Retention and Disposition of Records

·       The Executive Director is authorized by the Board of Directors to implement this policy, and to approve the disposition (recycling or shredding) of any or all records that meet the qualifications governing the retention and disposal of records as defined by the records retention schedule established in Appendices A and B, attached to this policy and incorporated herein by this reference. 

·       All records listed in Groups 1-4, inclusive, of Appendix B are permanent records of the District and shall not be destroyed. 

·       All original records identified in the Records Retention Schedule shall be retained in the District offices for the number of years indicated in the retention column in Appendix B. 

·       An inventory of disposed records shall be retained as a permanent record.  

·       No records, papers or documents shall be destroyed where there is a continuing need for such records for such matters as holds for pending litigation, special projects, audits, etc.  

Records, papers or documents which are not expressly required by law to be filed and preserved may be destroyed if all of the following conditions are met: 

·       The record, paper or document is photographed, micro-photographed, reproduced on film, or copied to an approved electronic media 

·       The photographs, micro-photographs, or other reproductions on film are maintained in conveniently accessible and searchable files 

Article 3: Non-Records

The following records, if not retained by the District in the ordinary course of business, are exempt from disclosure and may be destroyed at any time without Board authorization or consultation with the General Counsel, as these are considered non-records: 

·       Duplicated documents (original-subject to aforementioned requirements). 

·       Rough or preliminary drafts, notes or working papers (except audit), not retained in the ordinary course of business 

·       Cards, listings, nonpermanent indices, other papers used for controlling work 

·       or transitory files 

Article 4: Record Format  

For records existing in paper form, retention periods apply to the original paper copy only unless a digitized version exists in a Trusted System.  

Electronic records will be retained as if they were paper documents and are subject to the retention schedule. Therefore, any electronic files, including emails that fall into one of the document types in this Policy shall be maintained for the required amount of time. 

Article 5: Confidentiality

The District is committed to ensuring the security and confidentiality of those records within its custody or control that contain personal, private, or proprietary information the District is required by applicable law to protect as confidential. When such records are due to be destroyed under this Policy, they will be shredded, erased, or otherwise modified or destroyed to make them unreadable or indecipherable through any means. All disposed records must be logged onto the District’s inventory of disposed records and kept permanently. 

Article 6: Legal and Contractual Requirements:

To the extent that any applicable laws or regulations exceed the retention periods in the schedule in Appendix B, the applicable laws will control. Further, to the extent that contractual records retention requirements exceed the retention periods in the retention schedule, the contractual requirements will control. No originals of records related to open or recently closed contracts and subject to contractual retention requirements may be destroyed without the approval of the Executive Director. 

 

Approval Signatures:

Paul Garza Jr.

Paul Garza Jr., Board Chair

 

Date Adopted: March 28, 2024

 

Attest:

Susan Savage

Susan Savage, Board Secretary