Final Disposition
Updated June 1998
Contents
Introduction
Records Destruction
Statutory Responsibility
Destruction Authorization
Retention Schedule Approval
Disposal Without Approved Schedule
Security Considerations
Destruction Methods
Shredding
General Disposal
Reuse of Magnetic Media
Completion of the Records Life
Cycle
Archival Appraisal
Costs and Consequences
Statutory Requirements
Analysis of Records for Archival
Value
Archival Value
Evidentiary Value
Information Value
Analysis of Agency
Resources for Archival Analysis
Archival Records Series
Descriptions of Archival Records
Series
Personal Papers
General Considerations
Transfer of Archival Records
Archival Assistant
Final Disposition Documentation
return to top
Introduction
Records disposition refers to any action taken regarding a record
after it is created or received by an agency. Transfer to an inactive
storage facility, such as the records center maintained by the State
and Local Records Management Division, is an example of one type
of records disposition. While records are stored off-site, they
continue to be owned by the agency that transferred them to storage
and any actions regarding the records must be approved by the agency.
The term final disposition is used to describe the final treatment
of the record, which will be either archival preservation or destruction.
Most records created or received by a state agency have a limited
period of time when they have value to state government for administrative,
fiscal, or legal purposes. A legally authorized process for destroying
obsolete information has been provided in order to control the growth
and cost of government records. In addition to those records that
decline in usefulness as time passes, there is a relatively small
percentage but very important group of records that justify preservation
because of their enduring value for historical and research purposes.
The identification of records having archival value requires the
cooperative efforts of the custodians of the records and the Archives
and Information Services Division of the Texas State Library
and Archives Commission. Upon transfer of records to the Archives
and Information Services Division, the legal title of the records
transfers to the Texas State Library.
The appropriate retention period for each type of record-each records
series-maintained by a state agency is determined during the records
inventory and scheduling process (see Part II, Texas State Records
Management Manual, "Records
Scheduling"). The records are also appraised for archival
value during the records inventory and marked with an archival code
on the retention schedule, if appropriate. Records that do not have
archival value should be destroyed, when eligible according to the
retention schedule, to avoid the unnecessary maintenance of records
for excessive periods of time or the arbitrary disposal of records
without regard for their value.
The requirements for destruction of non-archival records will be
reviewed in the initial section of this part of the Texas State
Records Management Manual and the process of archival appraisal
will then be explained.
return to top
Records Destruction
All record series must be examined for their historical value,
but those clearly without archival value will be the bulk of an
agency's output. State records that have been appraised and do not
have archival value should be destroyed when they have fulfilled
their approved agency retention period. If records are stored at
the State Records
Center, the agency will be notified periodically when the records
are eligible for final disposition an will be processed in compliance
with the agency records retention schedule. Records maintained within
agency offices or in an agency storage area that are eligible for
destruction should be disposed of as part of the routine business
process of the agency.
Regardless of where agency records are stored and maintained, the
decision to destroy records must take into account the following:
- Statutory responsibility.
- Destruction authorization.
- Security considerations.
- Destruction methods.
return to top
Statutory Responsibility
All state agencies are required to request authority before destroying
state records. The process for the legal destruction of state records
is outlined in the Texas
Government Code, Chapter 441.
§441.187. Destruction of Records.
(a) A state record may be destroyed by a state agency if:
(1) the record appears on a records retention schedule approved
under Section 441.185 and the record's retention period has
expired;
(2) a records destruction request is submitted to the state
records administrator and approved by the director and librarian,
or the designee of the director and librarian, for a state record
that does not appear on the approved records retention schedule
of the agency; or
(3) the record is exempted from the need to be listed on a
records destruction request under rules adopted by the commission.
(b) A state record may not be destroyed if any litigation, claim,
negotiation, audit, open records request, administrative review,
or other action involving the record is initiated before the expiration
of a retention record set by the commission or in the approved
records retention schedule of the agency until the completion
of the action and the resolution of all issues that arise from
the action, or until the expiration of the retention period, whichever
is later.
(c) The director and librarian may destroy any state record in
the physical custody of the commission under Section 441.182 whose
minimum retention requirements have expired without the consent
of the agency head if, in the opinion of the director and librarian
and either the attorney general or the state auditor, there is
no justification under this subchapter or other state law for
the record's further retention.
(d) A state record may be destroyed before the expiration of
its retention period on the approved records retention schedule
of the state agency that has custody of the record only with the
special consent of the director and librarian and, if the record
possesses fiscal or financial value, with the concurrent consent
of the state auditor.
(e) The commission may adopt rules prescribing the permissible
means by which state records may be destroyed.
return to top
Destruction Authorization
Two methods have been established by the Texas State Library for
obtaining legal authority to destroy state records:
1) The perpetual destruction of records based on an agency's
approved "Records Retention Schedule" (Form SLR 105) accompanied
by a signed "Certification and Approval" (Form SLR 105C), or
(2) The submission and approval of a "Request for Authority to
Dispose of State Records" (Form RMD 102) each time unscheduled
records become eligible for final disposition.
return to top
Retention Schedule Approval
Perpetual authority for destruction of state records is established
by approval of the agency records retention schedule (see part II,
Texas State Records Management Manual, "Records
Scheduling" for a discussion of the retention scheduling process).
The signatures of the agency head or records management officer,
the state auditor, and director and librarian that appear on the
approved schedule are proof of the authority required by Texas Government Code §441.187.
The State and Local Records Management Division will forward a
copy of the certified records retention schedule to the records
management officer. At that time, the agency may begin disposing
of records as they become due for final disposition according to
the approved schedule.
The State Auditor's Office and the Texas State Library will have
approved the retention periods, making it unnecessary for the agency
to submit any further requests for authority to dispose of records
listed on the retention schedule. If a records series has an archival
code marked on the retention schedule, the records must be transferred
to or reviewed by the Archives
and Information Services Division instead of being destroyed.
Because an approved retention schedule not only places state agencies
in compliance with the law but also grants perpetual authority for
records destruction, the agency realizes significant benefits from
this disposal authorization process:
- Reduction of paperwork for agency staff-The records retention
schedule is submitted for approval once only, then periodically
recertified to make additions or changes. This alleviates the
need to submit RMD 102 forms each time a records series becomes
eligible for disposal.
- Increased security-The retention schedule is reviewed and recertified
on a regular basis, so the chance for error or omission is reduced.
- Improved audit trail-Records management decisions are approved
prior to disposal activities (transfer to storage, conversion
to alternative records media, transfer to the Archives
and Information Services Division for historical preservation,
destruction of obsolete records, etc.); therefore, records can
be controlled more consistently by routine business practices
in compliance with the authorized recordkeeping requirements.
- Reduced waiting time for destruction-Approval has already been
obtained; final disposition can proceed as scheduled.
return to top
Disposal Without Approved Schedule
In the absence of an approved retention schedule or when a records
series does not appear on the agency retention schedule, the records
management officer or agency head must receive approval for final
disposition on a "Request for Authority to Dispose of State Records"
(Form RMD 102) prior to destroying records. During the approval
process for the RMD 102, the records listed will be reviewed by
staff of the Archives
and Information Services Division to determine if any of the
unscheduled records should have archival preservation.
The steps for processing the RMD 102 are as follows:
1) When unscheduled records have no further legal, fiscal, administrative
or historical use to the agency, the records management officer
should first identify whether the records have met any established
minimum retention requirements adopted in the Texas
State Records Retention Schedule (13 TAC §6.10). If the
records are not listed in the state schedule, the appropriate
retention period will need to be determined by the records management
officer in consultation with agency staff.
Upon verification that retention requirements have been met, the
records management officer is responsible for requesting the final
disposition of unscheduled records by submitting a RMD 102. Copies
of the RMD 102 with instructions and the state schedule of minimum
retention periods may be requested from the State and Local Records
Management Division, Texas State Library and Archives Commission,
PO Box 12927, Austin, Texas 78711-2927, or by calling 512-421-7200.
2) Approval of the disposal request must be verified by the signature
of the records management officer or agency head (field 12 of
the RMD 102). The form may be routed to other staff within the
agency who may also sign or initial the RMD 102, if specified
by internal agency procedures.
3) The original RMD 102 and two copies, all with original signatures,
must be submitted to the State and Local Records Management Division,
Texas State Library and Archives Commission, PO Box 12927, Austin,
Texas 78711-2927.
4) The form is reviewed by staff of the State and Local Records
Management Division and forwarded to the Archives
and Information Services Division to identify any records
having archival value. Signatures of the director and librarian
and the State Auditor's Office, as required, provide authorization
for the final disposition of the records.
5) When the RMD 102 is approved, one copy is returned to the originating
agency, one copy is sent to the State Auditor's Office (as needed
for fiscal records that do not meet the minimum retention requirement),
and the original form is retained by the State and Local Records
Management Division.
6) The approval process usually takes two to three weeks. Records
must not be destroyed until an approved copy of the RMD 102 has
been returned to the records management officer. Any records marked
as archival on the disposal request must be retained by the agency
until staff of the Archives
and Information Services Division can contact the records
management officer to schedule the transfer of the records for
historical preservation.
The RMD 102 is used to request authorization for final disposition
of records only until such time as the agency has a certified records
retention schedule, which lists the records series and the approved
retention periods.
return to top
Security Considerations
The most important factor affecting the selection of an appropriate
type of destruction is the security status of the records, i.e.,
whether records are open or confidential. The security of information
is very important in state government since agencies are responsible
to the public trust. Final disposition of state records must ensure
that records are disposed of in a manner that ensures protection
for any sensitive or confidential information (see Records
Retention Schedule Rules, 13 TAC §6.8).
To evaluate the security status of records, the agency's records
management officer and legal staff should be consulted, as well
as the Texas Public Information Handbook (copies of the handbook
may be requested from the Office of the Attorney General, 512-453-2100).
Chapter 552 of the Texas Government Code, generally referred
to as the Open Records Act, implements the policy "that each person
is entitled, unless otherwise provided by law, at all times to complete
information about the affairs of government and the official acts
of public officials and employees." A state record is considered
to be "open" to the public unless it is information excepted from
required disclosure by provisions of Chapter 552.
The Open Records Act principally impacts records management in
three ways:
1) It is the legal basis for determining the security status
of records, whether open or confidential. This security status
determines access requirements for records.
2) It sets requirements limiting the distribution of confidential
information thereby establishing restrictions on how governmental
information may be destroyed. These restrictions apply to all
information considered confidential under the terms of Chapter
552; therefore, the destruction process must protect confidential
information for both original records and copies.
3) Since it is more expensive in terms of staff time and equipment
to use methods of destruction that will protect confidential information,
the provisions of the Open Records Act affect records management
costs as well.
return to top
Destruction Methods
In addition to the level of security required, consider the following
to determine which method or combination of methods is appropriate
for your agency's needs:
- The volume of records that will be destroyed on a regular basis.
- The physical nature of the records (computer printouts, microfilm,
bound material, etc.).
- The space available for destruction equipment and for records
awaiting disposal.
- Staff time required for various methods. This includes the time
needed to prepare material for destruction, transport records,
operate machinery, complete destruction forms, etc.
- The price and quality of necessary equipment.
- The cost and availability of services.
Also consider any characteristics of your agency's operation which
may affect records activity, such as proposed consolidation with
another agency or projected expansion.
The most common methods of records destruction are:
1) Shredding-must be used for confidential records and
may be appropriate for other records in particular circumstances;
included in this category are disintegration and pulping.
2) General deposit-may be used for nonconfidential records
of all types; includes routine trash removal and bulk disposal
for recycling.
3) Reuse of magnetic media-used for computer magnetic tapes,
video and audio tapes, and other rewritable media; may include
recording new data over prior data or magnetic erasure of data.
return to top
Shredding
There are many types of shredders available.
If high security is a concern, consider straight-cut or cross-cut
machines.
Straight-cut models render paper into ribbon-like strips that can
range from 1/2" to 1/32" wide. A shred width of 1/2" is adequate
for the destruction of most records, especially if volume shredding
is done. The narrower the shred, the lower the machine's capacity
and speed.
Crosscut machines reduce paper to short, narrow strips, making
reconstruction of documents impossible. These shredders are designed
to meet federal specifications for the destruction of confidential,
secret and cryptographic materials.
Although they are not technically shredding machinery, disintegrators
and pulpers are included in the shredder category. Usually paper
document destruction to this degree is not necessary. The machines
are also quite a bit slower than conventional shredders because
of the increased degree of destruction involved.
Disintegrators chop materials into confetti by passing them repeatedly
through cutters. A retaining drum with a screen holds the particles
until they are reduced to a size small enough to pass through the
screen. Disintegration is especially appropriate for destruction
of confidential information on microfilm. It also can be used for
destroying confidential records on magnetic media that is not suitable
for erasure and reuse.
Pulpers use a grinder mechanism to reduce dampened paper to pulp.
Then excess water is pressed from the pulp and discharged through
a drain.
Some factors to consider when choosing a shredder:
- Particle size range.
- Capacity.
- Rate of output.
- Machine's rating for continuous operation.
- Size.
- Noise level.
- Availability of replacement parts.
- Reliability of service by vendor.
- Capacity of machine to accept various materials.
Be sure the shredder is designed to shred whatever objects are
to be fed into it. Running inappropriate material through a shredder
(for example, putting bound documents through a shredder designed
for paper only) could result in equipment failure or malfunction,
which can be expensive and possibly dangerous. In addition to sheet
paper, many machines shred cards, cardboard, booklets, offset plates,
clips, binders and staples.
Some shredders accept microfilm, microfiche, and magnetic media.
When shredding microforms containing confidential information, you
must ensure that the film is shredded to a size small enough to
render the pieces unreadable.
return to top
General Disposal
The general disposal method refers to disposing of intact records
by general trash collection or bulk recycling. This method may be
used for all records except confidential information, which must
be shredded. General disposal may be permissible for microfilm or
magnetic media that have nonconfidential information but there are
environmental advantages to shredding or disintegrating these media
that should also be considered by agencies.
Agencies are encouraged to participate in recycling programs, as
available. In addition to being a sound environmental option, recycling
of paper records may also generate revenue. Often vendors will buy
paper records by weight and grade of paper, shredded or in bulk.
return to top
Reuse of Magnetic Media
When information stored on magnetic tape, audio or video tape,
or other rewritable media has fulfilled the retention period designated
by the agency records retention schedule, it may be possible to
destroy the data while reusing the media. For example, degaussing
is a method of electromagnetic erasure of data that is appropriate
for clearing confidential information from magnetic media so new
data can be recorded. Another possibility is to reformat the media
before reuse. Magnetic media that store public information may be
reused by recording over the previous information.
NOTE: If an agency does not have an approved retention schedule
that lists electronic records to be destroyed on magnetic media,
a "Request for Authority to Dispose of State Records" (Form RMD
102) must be approved prior to erasing magnetic media or using it
to record new information.
return to top
Completion of the Records Life Cycle
Effective records destruction procedures aid your over-all records
management program by completing the life cycle for records that
have become obsolete and do not have archival value. Every state
agency must maintain a program that efficiently controls records
from creation to ultimate disposition.
For some records, however, destruction is not appropriate because
there is an ongoing need for the information as historic documentation.
The ultimate disposition for these records is archival preservation
and they are identified by an appraisal process described in the
remainder of this part of the manual. If an agency has an approved
records retention schedule, records with archival value will be
marked on the schedule. For unscheduled records, approval of final
disposition must be obtained by submitting a list of the records
on a RMD 102. This process includes a review of the records for
archival value.
return to top
Archival Appraisal
The Archives and Information
Services Division of the Texas State Library appraises, accessions,
arranges and describes, provides reference service on, and preserves
state records and other materials of enduring value to Texas and
its citizens.
Although "agency" and "state agency" are used throughout this discussion
for ease of presentation, the scope of the Archives
and Information Services Division's responsibilities for state
records extends to those created, maintained, and/or received by
all three branches of state government-executive, legislative, and
judicial.
return to top
Costs and Consequences
Once records become archives and they are accessioned into the
holdings of the Archives
and Information Services Division, new obligations arise. It
is not enough simply to store the archives. The following must also
be taken into consideration:
- The environments of the storage areas must be appropriate for
the different media of the records.
- The records must be secured from theft, fire, misuse and accident.
- In some cases records must undergo conservation treatments to
increase their expected longevity.
- The records must be made accessible for future users through
individualized arrangement and description techniques tailored
to each particular series.
- Users must be assisted in their searches.
The decision to declare a record series archival is a costly one
and should be made with care. If records are accessioned into the
Archives and Information
Services Division and later reappraised and found to be disposable,
resources have been wasted on their administration, storage and
maintenance. If, on the other hand, a mistake is made which leads
to the destruction of important historical materials, no amount
of resources can rectify this action.
return to top
Statutory Requirements
All branches of government at all levels must create certain records
to serve as historical documentation of their activities. To identify
and maintain these records as part of the archives of the state
is the statutory duty of the Texas State Library (Texas Government Code, §441.181). Records with historical value
become "archives" when their period of required use by the originating
agency is over. Upon transfer of records to the Archives
and Information Services Division, the legal title transfers
to the Texas State Library and the agency's responsibility for them
is completed.
return to top
Analysis of Records for Archival Value
As part of an agency's records inventory each records series is
assigned one or more of these values: administrative, fiscal, and
legal. These three values are straight-forward and of internal interest
to an agency. Retention periods based on them should meet the needs
and responsibilities of the agency. A fourth value variously called
historical, archival, permanent, research, or enduring has broader
scope and implications.
All records retention schedules must take this value into account.
In so doing, it is necessary to look beyond the needs of the agency
and to the needs of the future.
return to top
Archival Value
Records are considered archival for two reasons:
1) They provide evidence of agency functions, and/or
2) They contain information that is of enduring value.
return to top
Evidentiary Value
Each government entity is ultimately responsible to the citizens
of the state to carry out the functions with which it has been charged.
Records with evidentiary value document the fulfillment of the agency's
obligations. Records created specifically to serve as evidence are
relatively easy to identify; minutes, policy manuals, and executive
directives are a few examples. Other records provide evidence but
were not created for that purpose and are a little harder to recognize.
For instance, press releases, correspondence, and internal memoranda
often have permanent value, but may be interfiled with materials
of a more transitory nature.
return to top
Information Value
State agencies also create or gather information. This information
may have enduring value in and of itself. It may be used again for
a related study or applied in an entirely new way. The Archives
and Information Services Division must collect and maintain
this data as well in order to fulfill its function to provide historical
materials for the study of Texas and Texans. Identifying records
that contain historic information of permanent value can be difficult.
The answers to three classes of questions regarding the agency's
information determine if it has long-term value:
1) Is the information unique? Can it be found elsewhere? For
instance, did the agency create or gather the information or is
some of it duplicated and transcribed from another source? (And,
what is the source?) Has the information been published by the
agency or others? (Under what title?) Has the information been
duplicated and filed with another agency? (What agency?)
2) In what form is the information? Is the information valid and
useful? Is this raw data or has it been analyzed? Has any information
been removed or concentrated? In general, information in its most
summarized and condensed form is preferred over raw data unless
the potential for the reuse of the raw data is high. Is the information
arranged appropriately for further uses? Is the data readable?
NOTE: The Texas State Library lacks
the resources to maintain permanent records in electronic form.
If a series of electronic records is permanent, it must be printed
on alkaline paper or microfilmed before transfer to the Archives
and Information Services Division. If it is not possible or
feasible for an agency to output an electronic record to paper
or film, the agency must maintain the records and the hardware
and software needed to access the records as well as migrate the
records to new hardware and software environments to provide continued
access in the future.
3) How important is the information? Will researchers now or in
the future need to consult the information?
return to top
Analysis of Agency
When the Archives and
Information Services Division analyzes an agency's records retention
schedule, it looks at the agency as a unique entity. Each agency
has a different function and a singular pattern of information flow
that may or may not coincide with the distribution of authority
within the agency.
- In one agency the generation of revenue is a primary function
while other agencies spend it.
- Where some agencies maintain central files others have distributed
filing systems.
- In some agencies the oversight commission is actively involved
in everyday business; in others the commission traditionally reviews
and votes on executive recommendations.
When analyzing an agency's records, the Archives
and Information Services Division also takes into consideration
the agency's place among other state agencies and its relationship
to the federal government and local governments.
Here too, patterns of information flow are studied. Because a particular
record series of one agency is of historical value, a record series
of another agency may be expendable. It is necessary to know which
agency has the most complete, the most usable, and the most physically
stable record series so that only the best record is declared archival,
thereby justifying the permanent financial commitment of state resources.
return to top
Resources for Archival Analysis
As a foundation for understanding an agency and its records, archivists
of the Archives and Information
Services Division will consult the following documentation,
which may require agency assistance to access.
Laws - to understand the specific mandate and operating
environment of the agency. An agency compilation of state and federal
laws and rules and regulations is of great assistance. Any laws
specific to the agency that deal with records retention requirements
and identification of confidential records should be especially
noted.
Organization charts - to understand how staff and functions
are organized to accomplish the work of the agency. Detailed organization
charts and narrative descriptions of the distribution of functions
and authority throughout the agency will generally have to be procured
from the agency.
Strategic plans - to understand how the agency views itself
and its future priorities.
Biennial reports - to understand past accomplishment of
agency's functions. Especially significant are major functional
changes.
Records retention schedule - to understand the value the
agency places on its records. Particular note will be made of records
designated "A" for archival and "R" for archival review.
Records inventory worksheets - to understand information
flow; identify the record copy, reference and accumulation rates;
and determine the extent to which information has been summarized
and published.
Laws, organization charts, biennial reports, and strategic plans
of other agencies sharing or performing similar functions -
materials that may be reviewed when it appears likely that two or
more agencies' records will benefit from simultaneous archival appraisal
because of the similarity of their functions.
Agency expertise - the Archives
and Information Services Division may call on subject experts
within or outside of the agency for advice on retaining or discarding
a particular series of records.
The Archives and Information
Services Division will also review its holdings from the agency
and predecessor, if applicable, or related agencies.
return to top
Archival Records Series
Beyond the axiom that records of enduring value are most frequently
generated at the executive level in a state agency by those officers
who deal with policy and procedure issues as opposed to those who
are concerned with staff services, no generalizations about where
to look for historical records can be made.
Every agency delegates authority, records decisions, and reports
activities in its own way. In order to make the search for archival
record series more manageable, however, the Archives
and Information Services Division has prepared generic descriptions
of records it has most frequently found to be of archival value.
These descriptions apply only to currently created and well-managed
records series. Old, forgotten records discovered during an inventory
or general housekeeping activities may have unique values that can
only be evaluated on a case by case basis. These descriptions also
apply only to record copies and not to convenience or reference
copies. Convenience or reference copies are not records, can be
destroyed at the agency's discretion, and must not be retained any
longer than the approved retention period for the record. However,
care must be taken to correctly identify convenience copies as opposed
to record copies.
It is quite possible for exactly the same record to exist in two
or more places and be the record copy in each place. The test for
record copy is if the document serves a different function in each
of its sites. For example, a letter received by the governor's office
may require responses from two different agencies; the copy the
governor's office sends to each agency is a record copy for each
of those agencies. If it is not possible to verify whether files
are the record copy or an exact duplicate used only for convenience
of reference, treat the files as records.
Copies of records of the same type as described in the following
list but maintained in another records series have the retention
period of that records series. For instance, a copy of the narrative
portion of the agency's biennial budget request kept in the author's
personnel file as evidence for performance appraisal carries the
retention period of the personnel file.
return to top
Descriptions of Archival Record Series
Biennial Appropriation Requests - archival requirement is
met by sending to the Texas State Publications Depositor Program
of the Texas State Library the required copies of the published
appropriations request and all supporting documentation submitted
to the Legislative Budget Board.
Correspondence - Administrative - incoming/outgoing
and internal correspondence in any format pertaining to the formulation,
planning, implementation, interpretation, modification, or redefinition
of the programs, services, or projects of an agency and the administrative
regulations, policies, and procedures that govern them. Administrative
Correspondence is contrasted with General Correspondence in that
it excludes routine matters, general inquiries, and requests for
materials.
It is unlikely that Administrative Correspondence from organizational
levels below that of the executive will be appraised as archival.
If the agency's important programs are not documented in correspondence
maintained at the executive level, however, similar records created
at lower levels must be designated for archival retention.
Executive Orders - any document that initiates rescinds,
or amends a regulation, policy, or procedure that governs the programs,
services, or projects of an agency. Executive Orders are contrasted
with Directives that are routinely issued regarding general administrative
and office procedures.
Legal Opinions and Advice - files that typically contain
memoranda prepared by the agency's legal counsel or the Attorney
General concerning interpretations of existing laws and regulations
or the effects of proposed laws and regulations that govern the
agency or which have a direct effect on its operations. Included
are formal comments on pending legislation prepared at the request
of the Legislature, the Legislative Council, the Legislative Budget
Board, the Governor's Office or others.
Meeting Agenda, Minutes and Supporting Documentation - the
official agenda, minutes, and supporting documents of state boards,
committees, commissions, etc., that are conducting open meetings
as required by Texas Government Code, Chapter 551 are permanent
records of the agency.
Copies of the agenda, minutes, and supporting documents are transferred
to the Archives and Information
Services Division to meet archival requirements. Minutes may
be literal transcriptions or edited summaries. Audio tapes of meetings
are generally not acceptable for archival preservation of the official
minutes. Records selected for permanent retention to document inter-agency
meetings will be limited to the records of the agency designated
as the group's secretariat. Minutes of staff meetings are not archival
records.
News or Press Releases - news or press releases issued by
the agency announcing high-level appointments, new programs or functions
affecting Texans, and the termination of agency programs. Records
may be textual, such as a formal press release, or nontextual, such
as film or video or sound recordings.
Organization/Reorganization Records - organization charts
that provide a detailed description of the arrangement and administrative
structure of the functional units of an agency; reorganization studies
conducted to design an efficient organizational framework most suited
to carrying out the agency's programs including materials such as
final recommendations, proposals, and staff evaluations; and formally
prepared descriptions of the responsibilities assigned to the senior
executive officers of an agency at the division level and above.
Files may also contain administrative maps that show regional boundaries
and headquarters of decentralized agencies or that show the geographic
extent or limits of an agency's programs and projects.
Plans and Planning Records - records relating to the plans
of new or redefined programs, services or projects of an agency
that are not included in or directly related to other records series.
Planning records can be found in many records series. Their archival
appraisal generally follows the series with which they are filed.
Planning records existing as an independent series on high administrative
levels relating to the administration of agency programs are archival.
Policies and Procedures - manuals, guidelines, administrative
rules, or similar records distributed internally for the use of
employees or externally to the public or those individuals or entities
regulated by an agency that sets out the significant rules, policies,
and procedures that govern an agency's major programs, services,
or projects. Procedure manuals or statements regarding internal
operations of common functions (for example, grievance procedures,
print requests, travel guidelines and similar support services)
are not archival.
Publication Development Files - successive and substantive
drafts of major publications. Whether a publication is archival
is determined by both the publication's authorship and its impact
on Texas and Texans. Publication files of archival value include
original artwork, photo prints, and negatives that have significant
value as evidence of agency programs as well as potential for reuse.
Reports and Studies (Nonfiscal) - annual, subannual, special
reports or studies on nonfiscal aspects of an agency's programs,
services, or projects compiled by agency personnel, advisory committees,
or consultants. Includes reports distributed either internally or
to other entities. Reports are archival when they deal with significant
aspects of the agency's programs. Complete sets of studies prepared
by oversight agencies are usually designated the record copy at
the oversight agency.
Reports-Biennial or Annual Agency (Nonfiscal) - biennial
reports to the governor and legislature as required by an agency's
enabling statutes, including annual reports if they are required
by statute. Archival responsibility is fulfilled when the required
copies of this document are sent to the Texas State Publications
Depository Program, Texas State Library.
Speeches and Papers - notes or text of speeches, papers,
or reports delivered in conjunction with agency work. Records in
this series are archival when they are remarks made at formal ceremonies
and during interviews by heads of agencies or their senior assistants
concerning the programs of their agencies. The speeches and addresses
may be presented to executives from other state agencies, representatives
of federal and local governments, or private groups, such as college
and university students, business associations, and cultural organizations.
Interviews may be granted to radio, television, or printed news
media commentators. The format selected may be original notes or
text on paper, audio or video tape, or motion picture film.
Building Records - planning, design, and construction records;
accepted and rejected bids; correspondence; plans and specifications
including architectural and engineering drawings, profiles, and
blueprints; contracts, surety bonds, and inspection records for
major state buildings.
In addition to the records series described up to this point, agencies
may have other types of files that should be examined for archival
value based on the following three criteria:
1) the administrative level of the records,
2) the amount of evidence of agency functions they provide, and
3) the quality of the information they contain.
In files arranged by correspondent or subject, look for
- Substantive correspondence with other state agencies, members
of the legislature and its committees, the governor's office,
the governor, private organizations and individuals.
- Records concerning all substantive and distinctive programs
of the agency including internal agency memoranda, narrative and
statistical reports, budget estimates and justifications.
- Records documenting the evolution of major policies and procedures
created at the level of commissioners; directors; assistant directors;
administrators; chairs; directors of administrations, divisions,
and services within an agency; and heads of independent agencies
and their chief assistants.
Files arranged by case number, person, project, hearing date, etc.,
may include correspondence, memoranda, periodic narrative reports,
and similar materials which relate to a specific action, event,
person, place, project, or other subject and provide complete documentation
of an agency's activities from initiation to conclusion. Although
most case files are disposable at some future date, some portion
of a case file series may be selected for transfer to the Archives
and Information Services Division. Those chosen normally fall
under one or more of the following categories because the case:
1) established a precedent and therefore resulted in a major
policy or procedural change;
2) involved extensive litigation;
3) received widespread attention from the news media;
4) was widely recognized for its uniqueness by established authorities
outside the government;
5) was reviewed at length in the agency's annual/biennial report;
or
6) was selected to document agency procedures rather than to capture
information relating to the subject of the individual file.
Categories (1) through (5) establish the exceptional nature of
a particular case file while category (6) relates to routine files
chosen because they exemplify the policies and procedures of the
creating agency. Scientific and technical data resulting from observations
of natural events or phenomena or from controlled laboratory or
field experiments. These data generally are created at project or
operating levels rather than at administrative levels. The data
may be recorded in either human-readable or machine-readable format
and be found in laboratory notebooks, completed forms, tabulations
and computations, graphs, microforms, or machine-readable files
(see NOTE at end of section on "Information
Value"). Scientific and technical data are selected for permanent
preservation if they are unique, usable, and important. Consider
the following:
- If these data are accurate, comprehensive, and complete, if
they can and are likely to be applied to a wide variety of research
problems, then they can also be considered to have passed the
test of usability.
- Data that can be recreated because they document repeatable
activities may also be considered both unique and usable if they
constitute a definitive, critical, or standard reference data
set.
- The cost of data collection is one, but not the only, measure
of its importance. In assessing the importance of any set of data,
consideration should be given to its historical as well as scientific
significance.
Socioeconomic micro-level data are collected for input into periodic
and onetime studies and statistical reports including information
filed to comply with government regulations. The information may
cover such subjects as economic and tax information, health care,
demographic trends, education, discrimination, and other comparable
social science areas. Although agency reports and studies, briefing
materials, and official releases frequently summarize these data,
the micro-level information, usually in machine-readable form, may
be of permanent value (see NOTE at end of section on "Information
Value").
Indexes, lists, registers, and other finding aids that provide
access to archival records must be transferred with the records
they index.
return to top
Personal Papers
For executive level files, it is frequently important to make a
clear distinction between personal papers and state records. Usually,
there are three classes of personal papers found in files:
1) papers created before entering state service;
2) private materials brought into, created, or received in the
office that were not created or received in the course of transacting
government business; and,
3) work-related personal papers that are not used in the transaction
of government business.
The work-related personal papers are the hardest to deal with because
their content is to some degree related to the conduct of government
business but are asserted to be for personal use. These may be diaries,
journals, notes, appointment calendars, and schedules that are used
for reminders and personal observations on work-related topics,
and not for use in the transaction of business (for example, see
Open Records Decision No. 635 for the Texas Attorney General's conclusions
concerning certain appointment calendars that are not public information
subject to the Open Records Act).
return to top
General Considerations
Always keep in mind what records document the unique functions
of your agency.
The number of series selected from a given agency for permanent
retention by the Archives
and Information Services Division will depend on the degree
of duplication evidenced by comparisons among files created at the
various administrative levels. Where substantial duplication does
exist, the file created at the highest level will be chosen. When
the agency's important programs are not documented at these higher
levels, similar records created at lower levels must be designated
for permanent retention.
Whenever possible, filing systems should be organized with the
records' final disposition in mind. By doing so, much time and effort
can be spared when the agency retention period has been met and
the records need to be transferred to the Archives
and Information Services Division.
In addition, it is strongly recommended that all files be examined
once a year to identify records that should be reviewed by archives
staff and/or transferred for archival preservation. The Archives
and Information Services Division generally prefers to receive
files in yearly increments except for situations such as legislative
records of representatives whose two-year terms form a manageable
unit or special task forces with stated ending dates.
return to top
Transfer of Archival Records
Pack records for transfer to the Archives
and Information Services Division in archives boxes, with lift-off
lids, available from the General Services Commission. These boxes
are listed in the Central Store Catalog as "Box, Archival" with
the dimensions of 12" x 10" x 15". When estimating the number of
boxes you need, figure two boxes per letter size file drawer and
two and one-half boxes per legal size file drawer. The agency purchaser
can order the boxes from the Central Supply Store by calling 512-463-3205
or 512-463-3206.
Assemble the archives boxes properly to ensure the structural integrity
of the box and to protect the contents. Be sure that all flaps are
tucked inside. If requested, archives staff will come to your agency
to instruct your staff on proper box assembly.
NOTE: These are the same boxes routinely used for storage
of inactive records at the State and Local Records Management Division's
records center. The use of any other size container must receive
prior approval from the Archives
and Information Services Division. The use of alternative storage
containers is strictly limited.
Number the boxes consecutively as they are packed. Write the number
on one end of the box, directly to the left of the hand-hold cutout.
Begin each transfer with the number "1," unless you have informed
the Archives and Information
Services Division otherwise.
Leave the records in their folders. Folders must be accurately
labeled. Place the folders upright in the records storage box as
they would appear in a file drawer. Place letter size records in
the box facing the front, numbered end. Place legal size records
in the box sideways, facing the length of the box.
Keep the records in their original order, whether alphabetical,
numerical, chronological, or some other arrangement scheme, when
removing the records to be transferred from their filing equipment.
Do not overstuff the boxes. Leave enough space to allow easy retrieval.
Stack boxes five high only.
return to top
Archival Assistance
No one can make a truly informed decision regarding the archival
value of a single record series without taking into consideration
the entirety of records produced by the concerned agency and others.
There are ways to pare down the massiveness of the job, however.
A quick review of the Texas
State Records Retention Schedule issued by the Texas State
Library, State and Local Records Management Division, demonstrates
that only a very small percentage of the general records series
maintained by state agencies has been identified as appropriate
for archival review and/or preservation. Although the volume of
archival records varies with each agency, the most frequently cited
estimate of government records having permanent value is between
three and five percent of the total output.
It is the Archives and
Information Services Division's hope that the creators of government
records and the staff charged with records administration gain great
satisfaction in knowing that once "their" records are accessioned
into the archival holdings of the Texas State Library, they are
available to all, in a reference room staffed specifically to provide
assistance to researchers and security for the records.
return to top
Final Disposition Documentation
The final disposition of records must be documented. There is no
standard state form for this but it is recommended that a disposal
log or file be maintained at the agency level that includes at least
the following information:
- Records series title.
- Retention period.
- Volume of records eligible for final disposition.
- Type of final disposition (if destruction, method used).
- Disposal date.
- Signature(s) of agency personnel approving final disposition.
The disposal log/file should be completed for all final dispositions
of records whether based on the authority of an approved retention
schedule or the Form RMD 102. Maintaining documentation of records
disposal complies with administrative rules for state recordkeeping
(see Records
Retention Schedule Rules, 13 TAC §6.8) and provides information
useful in evaluating the economic benefits of the agency's records
management activities.
return to top
|