Public Records Retention

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Public Records Retention

By Lori Cooper

Oregon law states that Oregon public bodies “have a responsibility to ensure orderly retention and destruction of all public records, whether current or noncurrent, and to ensure the preservation of public records of value for administrative, legal and research purposes.”

All public bodies are subject to recordkeeping requirements established by state and federal laws. Reliable, authentic, complete records help provide evidence for a public body’s decision-making and serve as primary vehicles for demonstrating compliance with policies and laws, preserving institutional memory, and promoting business continuity.

Best practices for complying with record retention requirements include following established records retention schedules, designating a Records Manager, and ensuring secure destruction of records when they are no longer needed.

Here’s a more detailed breakdown of best practices:

  1. Follow Established Records Retention Schedules:
  • The Oregon Secretary of State provides records retention schedules (both general and special) for various public bodies. These schedules outline how long specific types of records must be retained before they can be destroyed or transferred to the State Archives.
  • Public bodies must follow these schedules when determining retention periods.
  1. Designate a Records Manager:
  • Public bodies should designate someone to handle records management.
  1. Ensure Secure Destruction of Records:
  • For paper records, secure shredding is recommended.
  • For electronic records, ensure data is irretrievable.
  • Maintain a log of destroyed records, including document titles, date range, and destruction date.
  1. Public Records Law Compliance:
  • The Oregon Public Records Law (ORS 192.410) requires public bodies to preserve public records regardless of physical form, including electronic records.
  • Public bodies must maintain and preserve records in compliance with this law.
  • Keep current with records destruction schedules – records retained beyond their authorized retention period may be subject to public disclosure upon request, even if their retention was not required by law.
  1. Implement Policies and Procedures:
  • Develop and implement policies and procedures for managing and disposing of records.
  • These policies should outline how records will be created, maintained, accessed, and disposed of in accordance with state law and retention schedules.
  • Ensure that all communications, including those through social media, are captured and transferred to an agency-controlled medium for proper retention.
  1. Training and Resources:
  • The Oregon Secretary of State provides various training resources for records managers and other staff on public records law and best practices.
  • These resources can help public bodies ensure that they are complying with all applicable laws and regulations.
  1. Federal Grant Compliance:
  • Most federal grant agreements include records retention requirements which may be different than our Oregon requirements.
  • For each federal grant that includes records retention requirements, ensure that your records manager receives a copy so they can maintain compliance with the grant.

By following these best practices, your public body can ensure that it is properly managing its public records, complying with the Public Records Law, and maintaining transparency and accountability.

Call your friendly attorneys at the Local Government Law Group for help in ensuring that your entity is complying with records retention requirements or if you have any questions regarding what is required.