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1 Maine State Archives – Records Management ManualRECORDSMANAGEMENTMANUALMAINE STATE ARCHIVESDivision of Records Management ServicesJULY 2014

2 Maine State Archives – Records Management ManualTable of ContentsRECORDS MANAGEMENT PROCEDURE .3BASIC PRINCIPLES FOR ALL STATE EMPLOYEES .4E-MAIL MANAGEMENT AND RETENTION .6STARTING A RECORDS MANAGEMENT PROGRAM .9HOW TO SCHEDULE RECORDS.12THE STATE RECORDS CENTER .15FREQUENTLY ASKED QUESTIONS .20RECORDS MANAGEMENT DEFINITIONS .24RECORDS MANAGEMENT FORMS .27OTHER INFORMATION FROM NATIONAL ARCHIVES .34

3 Maine State Archives – Records Management ManualRecords Management ProcedureAgency Head/DirectorEstablish and maintain an efficient and continuous records management programAppoint agency Records Officers Records OfficersCreate agency inventory (collaborate with entire agency)Create and keep current agency Records SchedulesCreate and update annually an office file plan (the office roadmap to records) All EmployeesIf the above procedures are followed, employees will know:What records they are responsible for, how long records are to be retained,in what format and where/how the records are to be filed/stored.There will be no confusion as to what is or is not a record or what should or should not be kept.It will all be mapped out in an in individual office file plan.If there is anything which does not fit within the file plan, an employeecan then ask the agency Records Officer for assistance.

4 Maine State Archives – Records Management ManualBasic Principles for All State EmployeesWhy Does the Records Management Program Exist?The program was established under Title 5, Chp. 6, §95 and states:7. The head of each state agency or local government agency shall establish and maintain an active, continuingprogram for the economical and efficient management of any records in compliance with the standards, proceduresand regulations issued by the State Archivist.8. Transfer of state records. To provide for the transfer to the archives of state records, disposed of undersubsection 7, paragraph C, that have archival value;9. Destruction of state records. To authorize and receive confirmation of the destruction of the state records of anystate or local agency that, in the opinion of the head of the agency, are no longer of value to the state or localgovernment agency, and that, in the opinion of the State Archivist and the Archives Advisory Board, have noarchival value to the State.What is Records Management?Records management is the continuous and efficient program by which we identify and classify records, establishschedules and manage records throughout their lifecycle. In other words, what to keep, how long you keep it andwhether or not it is destroyed or kept as Archival.What are Your Responsibilities?According to the Rules of Chapter 1 (Under APA Rule 29/255) it is the responsibility of the head of each agency tomaintain an efficient and continuous records management program. It is also the responsibility of the head of eachagency to appoint a Records Officer.The appointed Records Officer will appoint Assistants as needed. The Records Officer will have a thoroughknowledge of the agency, its records and functions. The Records Officer will create and maintain appropriaterecords schedules.All state employees are responsible for creating records needed to do the business of their agency, and documentingactivities for which they are responsible. As a government employee, you are responsible for managing any and allpublic records (including email) for which you are the custodian.All state employees are responsible for maintaining records so that information can be found when needed. Thismeans setting up good directories and files, and properly filing records in a manner that allows them to be stored andefficiently retrieved when necessary.All employees are responsible for carrying out the disposition of records under their control in accordance withagency records schedules. All employees should be made aware of records schedules and which records they areresponsible for keeping (custodian of the record).Why Is Records Management Important?Agencies produce records every day. They are the vital component to the functionality of the agency foradministrative, fiscal, legal and historical purposes. Not knowing what to keep is not the answer to RecordsManagement and neither is keeping everything. There are implications for both.An effective records management program offers several benefits:Promotes a positive reputation for State AgenciesIn the height of public access, government agencies need to remain accountable for the records they create andmaintain. Public records document agency business and with proper management agencies can show they aretaking the correct action for the appropriate amount of time and for the right reasons. When an agencydemonstrates proper public records organization, a management program where records are controlled, anddestroyed in accordance to law, the state’s reputation is improved as is the public's confidence in stategovernment.

5 Maine State Archives – Records Management ManualHelps the Agency Fulfill its MissionIt will help identify and protect the essential records of your agency; those records needed to keep the agencyfunctional. Locating what you need, when you need it is a vital component to running an agency effectively.Promotes Cost Effective Business PracticeA proper records management program will reduce the volume of records stored; improve storage and retrievalsystems and help to get the right record to the right person effectively and efficiently. Records on currentschedules will be destroyed when they should be, making the best use of physical and digital space (both whichstate agencies can pay for). An efficient records program will limit the risk and cost associated with FOAArequests and any possible litigation. Any penalties for the inability to produce requests could be avoided byhaving an organized program where employees can locate records.What is a Record?"Record" means all documentary material (books, papers, photographs, maps or other documentation, includingdigital records such as e-mail messages and attachments), made or received and maintained by an agency inaccordance with law or rule or in the transaction of its official business; because they serve as evidence of theagency’s functions, policies, decision, procedures, operations and other activities; or because of their informationalvalue. Records can have varying purposes per agency. What are vital records to one agency, another agency maynot even have or produce; different laws and statutes can mandate record retention periods for the different types ofagencies. Therefore, it is very difficult to impose a ―global‖ records program and give a tidy two column list ofwhat to keep and what not to keep.Examples of records:Board and Commission Minutes of MeetingsContractsCommissioner’s CorrespondenceProject filesClient Case FilesPersonnel filesNon-record examples:Personal CommunicationsEmployee non-work activitiesMeetings in which you participate, but are not assigned recordkeeping responsibility: convenience copies ofmeeting notices, agendas, minutesOther convenience copies of general noticesCopies of records retained elsewhereItems not required to be retained by your assigned tasks or to document those tasksHow Do Agencies Manage Their Records?Records are managed by creating agency schedules. Schedules provide the guidance necessary to prevent unneededrecords from cluttering agency offices help preserve mid to long-term records until they have served their purpose.The purpose of the Records Management Division is to apply retention periods to ALL state government recordsand update them as changes occur.Four Key Items Every Employee Needs to Know Records must be managed throughout their life cycle, according to their retention schedules All agency records should be on up-to-date retention schedules All agencies should have an active Records Officer There are General Schedules and Agency Specific Schedules

6 Maine State Archives – Records Management ManualThe Records Everyone Has - General SchedulesGeneral Record Schedules are issued by the Maine State Archives to provide retention and disposition standards forrecords common to several or all State agencies. They are located on our website. Before an agency schedule iscreated, be sure a General Schedule does not already exist.Determining Retention PeriodsIn order to dispose of records at the appropriate time, it is necessary to evaluate them in relation to their period ofusefulness to the department.Total Retention Period - Time kept in your agency PLUS Time kept in the Records Center EQUALS TotalRetention PeriodSome specific questions in determining how long records are retained:Administrative use: What is the value of the records in carrying out the functions of your department?How long will you need to be able to retrieve them immediately?Legal requirements: Are there any State Statutes or Federal regulations involved?Fiscal requirements: How much time must you allow for the completion of fiscal activities such as audit orbudget?Historical/Archival: Do these records document important events, or the history and development of yourdepartment?Disposition Archives or Destroy?Five hundred years from now, may someone want or need to look at these records? Will they be needed that far inthe future for any legal or historical reasons?The Structure of the ArchivesThe State Records Center, located in Hallowell is for those records which have a disposition destroy. The StateArchives is for permanent records with historical/archival value. All records in Records Center status, includingpre-archival records, remain under legal control of the agency that created them. Records in the Records Center arereleased only to cardholders of the creating agency. Any records sent to the Records Center must first be on anapproved records retention schedule before they will be accepted for transfer.E-Mail Management & RetentionHow Long Do I Keep My Email?Remember Email is a format, not a record. Retention is determined by the content of the email. E-mail is subjectto the same retention requirements as is paper correspondence.Organizing and managing e-mail (and other files) will:Save space and moneyProvide more efficient accessMaintain confidentiality where neededLegal ImplicationsOrganizing and managing e-mail will reduce legal exposure in DISCOVERY proceedings on records that otherwiseshould have been destroyed. In other words, if it exists and someone asks to see it, the agency has to produce it. So,if you have records that are requested in discovery proceedings that were supposed to have been destroyed, butweren’t, you must produce them regardless of when they were supposed to have been destroyed. It also limits yourown liability for deleting records you shouldn't, and gives you authority to delete those files you should delete.

7 Maine State Archives – Records Management ManualWhen Are My Emails Records?If you are conducting government business in that email it is considered a record (communication sent or receivedin the transaction of state government business.) Keep in mind, if you are sending work emails using your personalemail account, your account could become subject to Public Information Requests and legal discovery.Email Public RecordsE-mail received or created (incoming or outgoing), in the course of state business, can be an official public record.Depending on the topic, it may or may not be a confidential record under the Freedom of Access Act (FOAA). Noofficial public records may be destroyed unless authorized. Clear authorization and a practical management systemare essential to insure the proper disposition of official e-mail records.Freedom of Access ActThe Freedom of Access Act defines a public record as ―any written, printed or graphic matter or any mechanical orelectronic data compilation from which information can be obtained that is in the possession or custody or anagency or public official of this State or any of its political subdivisions‖ with specific exceptions for confidentialitypurposes [1 MRSA 402 (3)].Email Retention PeriodsThe vast majority of state employees will have little, if any, e-mail requiring permanent retention. Generally, senioradministrators through the division director level have a greater proportion of permanently valuable e-mail, given itsgreater degree of policy content.Email SchedulesGeneral SchedulesThe Archives’ General Schedules (covering records in all agencies) establish retention periods for correspondence,regardless of media. In the General Records Schedules, most general correspondence, and therefore most e-mail,has a retention period of 3 years. The only exceptions are:Commissioner or Agency head correspondence and e-mail is considered of historical value and to be keptpermanently.Correspondence and e-mail related to the official state budget is to be kept for 4 years (two biennia) andthen destroyed.Correspondence and e-mail related to equipment and property is to be kept for 5 years, and then destroyed.Transitory Correspondence (General Schedule #13, Item 2) - Correspondence received/created by a stateagency that is purely informational in nature is considered transitory correspondence and should be kept for60 days or until no longer needed. These include routine questions from the public, letters of thanks, etc.Junk mail such as advertisements and any personal e-mails an employee may have in their state e-mailaccounts do not need to be preserved, since these are not official state government records.In summary, most state agency correspondence and e-mail has a retention schedule of 3 to 5 years (unless for acommissioner or agency head, which is archival / permanent). Keep in mind this speaks to correspondence. Thereare also program records associated with your emails which would be filed with related records series according totheir appropriate records schedules.Main Categories of Email Records Correspondence– Administrative– General– Routine/transitory Records related to your specific responsibilities (Program Records)

8 Maine State Archives – Records Management ManualWhen Are Emails NOT Correspondence?Records, but not correspondence Reports Working papers Meeting minutes or agendas Work assignments or schedules Job applicationsNon-records Copies Reference material SpamIdentify YOUR RecordsThe number of records on retention schedules can be overwhelming so identify only the records that apply to you.Generally, not more than 10 records series will apply to any employee. What types of email do you send? What types of email do you receive?Think in terms of what your job functions are and ask yourself: ―Is this email related to my job functions?‖What Emails Do I Keep?First, determine whether or not it is a recordSecond, determine if this email is related to your job or should go to someone elseThird, decide if you are the custodian – the person who has the ―record copy‖ of the emailFirst Step – Non RecordsThese can be deleted immediately because they are not records and subject to a retention schedule.Personal Correspondence: Any e-mail not received or created in the course of state business, may bedeleted immediately, since it is not an official record: the "Let’s do lunch" or "Can I catch a ride home"type of note.Publications: Promotional material from vendors, and similar materials that are "publicly available" toanyone, are not official records unless specifically incorporated into other official records.CC’s: The responsibility would not be yoursSpamSecond Step – Not Part of Your JobDetermine if the content of the email is directly related to your job or responsibilities as a state employee. Should itgo to somebody else? If you can answer YES and either delete or forward the email, then it is not a record (you arenot responsible for the record).Third Step – Custodian of RecordIf you have determined that the email is a record and is part of your job (step 1 and 2) the final step would be todetermine if you in fact hold the ―record copy.‖ Are you the designated person in your agency responsible forretaining these records? If NO you can either delete or forward.If YES this email is the official record copy and YOU must retain it according to your records retentionschedule. This is where appropriate agency schedules and file plans are vital because employees would know whatrecords they are responsible for keeping.Managing Your Electronic RecordsAny electronic record (word processing document, spreadsheet, e-mail message, etc.) should, if it's "record material"that requires retention and filing, be stored in a properly named directory/subdirectory.

9 Maine State Archives – Records Management ManualSome Suggested Mailboxes.Here are some mailbox suggestions:Personal e-mail (delete at will)Non-record material (delete at will)Transitory e-mail (delete after 60 days or until no longer needed)Commissioner correspondence (Archival)General Schedule correspondence (retain 3-5 years)Program Records (retain according to agency schedule)Permanent Program Records – such as board meeting minutes, corporate charters (Archival)Email TipsDon’t use personal email for professional businessDon’t delete emails indiscriminatelyLimit the use of ―Reply All‖Fill in/use meaningful subject linesWhen Employees Leave a PositionWhen an employee leaves a position, computer files, including e-mail, may NOT be automatically deleted! Senioradministrator should take action to ensure that the electronic records of employees are maintained as required,especially if an employee leaves a position.Starting a Records Management ProgramWhat are the benefits of having a well-planned, consistently followed records management program?Easy to locate information when it’s neededRecords are retained and destroyed accurately and efficientlyLess need for storage of all typesIdentify and protect essential recordsWhat are the dangers of having no program?Waste of resources to store recordsWaste of staff time to search records; unable to locate records when neededPossible liabilityPossible destruction of archival records or destroying records prematurelyTo gain control of your agency’s records, you need to find out what records exist and how to manage them.Determine what is and is not a recordEstablish an office Inventory for recordsCreate/Manage Agency SchedulesCreate a File PlanThings to Keep in MindNot all business materials are recordsPart of a records management program is deciding what is and what is not a recordFocus on material’s content, not the formatMost ―non-record materials‖ do not document government business or are duplicates of evidencedocumented elsewhere and can be destroyedRecords must be managed throughout their life cycle, according to their retention schedules

10 M a i n e S t a t e A r c h i v e s – R e c o r d s M a n a g e m e n t M a n u a lCreating a Records InventoryAn Inventory is a high level survey of all types of information created, received and stored by your agency. It willlist the name of each Record Series, give a description and location of the records. To start the inventory, focus ondifferent types or ―families‖ of records – these are called Record Series.A Records Inventory can tell you:Records Series (common collections)Format (paper, digital, etc.)LocationDate rangeVolume of materialPurpose of the Inventory:Streamline the Records Management ProgramPlan for better access and securityIdentify needed improvementsTo help create file plansIdentify essential recordsHelp you to become familiar with schedules or create schedulesSteps in the Records Inventory ProcessDefine the inventory's goals: starting a program, updating schedules, moving office, moving records todigital formatDefine the scope of the inventory: it should include all records and other materialsObtain top management's support: keep management and staff informed at all stagesDecide on the information to be collected: (the elements of the inventory).Prepare an inventory form (or use an existing one – RM 59)Decide who will conduct the inventory (and train them properly)Learn where the agency's files are located (both physically and organizationally)Conduct the inventoryVerify and analyze the resultsWhat Should be IncludedDate preparedOffice maintaining the filesPerson conducting the inventorySeries location, title, descriptionInclusive datesRecord Format (medium)Arrangement (filing system)Volume (in cubic feet)Annual accumulationReference activity (how often are records referenced)Vital records status (would these be needed in an emergency)Duplication (indicate copies in other formats)Restrictions on access and use (confidentiality)Schedule (list schedule/series) or unscheduledRecords SchedulesA Records Schedule will tell you how long to keep specific types of records and what should happen to thoserecords. A Records Schedule is a plan that plan helps identify, manage and retain records for the right amount oftime.

11 M a i n e S t a t e A r c h i v e s – R e c o r d s M a n a g e m e n t M a n u a lA Records Schedule will:Establish how long to keep records to support agencies workProtect legal rights and interestsDocument historyMake sure everyone in the agency is retaining records for the same amount of timeTwo types of Record Schedules: General Schedules, Agency Specific Schedules General Schedules – those that would apply to most or all state agencies. Agency Specific Schedules – those created because of unique programs or activities within your agency. All records, regardless of format need to be managed under appropriate records schedule – general oragency specific.Prior to submitting an Application for Records Retention Schedule, you should check to see if a GeneralSchedule exists for the records and know what schedules currently exist for your agency.Agency SchedulesReview your current agency schedules. Do they need to be revised? Are there any obsolete schedules? Any thatneed retention updates? Any that need description revisions? Any agency/unit names that need to be revised?Basic elements of a Schedule:TitleDescriptionRetention Time/DispositionCreating an Office File PlanA file plan is a tool for you and others in your office to manage records. It is a roadmap to records, listing differenttypes of records maintained by the office, where and how those records are stored and how long they are to be kept.A File Plan is like a smaller, specific version of agency records schedules that includes information on how andwhere the records are kept. A comprehensive office file plan provides a ―location‖ for every record in an electronicor paper filing system. Understanding the file plan helps users know where to file their records and helps othersknow where to find the records they need to complete their tasks. File Plans only list those records held in aparticular office.Why Keep a File PlanA file plan can help your agency:know what kinds of records your office hasknow where to go for information neededhelp with legal counselsimplify records retrieval and retentionknow what to keep and how longhelp the transfer to electronic mediaFile Plan Steps1. Identify the types (series) of records in your office – what they are and where they’re stored; note anycentral storage areas for paper records and shared drives for electronic records. (Note: If you have alreadydone an Inventory, the File Plan will be fairly simple to create and follow much of the same information.)2. Match those records to your agency records schedules.3. Build your file plan listing records in your office along with filing and retention instructions andinformation on where and how to file and find records.4. Have the plan reviewed and approved with everyone in your office so everyone understands and can use it– make sure the plan is accurate and complete; make the plan accessible for your office and review itannually.

12 M a i n e S t a t e A r c h i v e s – R e c o r d s M a n a g e m e n t M a n u a lFile Plan Set-UpGive the Who, What, Where and When of the RecordsLocation – where paper or electronic files are physically maintainedCustodian – person responsible for filing the recordsContent – description of the documents that should be filedArrangement – how documents are organized within the foldersLabels – instructions on how to identify foldersDisposition – information from the records scheduleHow to Schedule RecordsPurpose of Records SchedulesSchedules provide the guidance necessary to prevent unneeded records from cluttering agency offices. They alsohelp to maintain mid to long-term records until they have served the needs of the agency. Records retentionschedules drive an agency's records management program. The purpose of the Records Management Division is toapply retention periods to ALL state government records and update them as changes occur.Record SeriesA group of identical or related records (a group of records created by the same business process that document thesame type of transaction). Examples: case files of an institution; invoices; transitory correspondence. Documentsin the same record series are normally filed as a unit, whether in a drawer of paper records, a computer subdirectory,or an e-mail folder. Series are kept together because they relate to the same topic, document the same type oftransaction or are created by the same business process. It includes all formats – paper, electronic, etc. SeveralSeries can be put on one Schedule.Some characteristics of a record series are:Produced by the same activity;Documents a certain kind of transaction;Relates to a particular subject;Arranged under a single filing system;Retained for the same period of time.The Schedule ProcessYour agency needs to know how long to keep its records, and what to do with them afterward. Should they bedestroyed, or should they be preserved permanently at the Maine State Archives? Records retention schedulingorganizes your agency’s records into series and sets a retention period for each series. It also establishes the correctdisposition – destroy or transfer to Archives – for each series. The first step in gaining control of your agency’srecords is to find out what records exist!Title 5 §95 requires that all state government records be covered by retention schedules. This includesrecords that never leave the creating agency's custody.Retention schedules for digital records work about the same way as for paper, microfilm, and other "traditionalformat" records. The most important principle to remember is this: Content, not format, determines retention. Inother words, regardless of media or whether or not records come to the Records Center or Archives, theyneed to be on a current schedule, under the appropriate agency, division, etc.Determining Retention PeriodsIn order to dispose of records at the appropriate time, it is necessary to evaluate them in relation to their period ofusefulness to the department.How long will the records be needed for business purposes, as far as the creating agency is concerned? Whendo the records become ―closed?‖What is the frequency of use?What is the record’s value?

13 M a i n e S t a t e A r c h i v e s – R e c o r d s M a n a g e m e n t M a n u a lLocation of RecordsIn office records retention (CURRENT records) - Only records requiring frequent reference (more than once amonth per file drawer) should be kept in your office.Records Center retention (SEMI-CURRENT) - Records which your agency references less than once permonth, that still need to be retained should be kept in the Records Center.The Structure of the ArchivesThe State Records Center – located in Hallowell – for records that have a disposition destroyThe State Archives – for permanent records with historical/archival valueWhat About Archival RecordsMRS Title 5, Chapter 6: STATE ARCHIVIST [ 1995, c. 148, §6 (AMD) .] 3. Rules. To adopt such rules as arenecessary to effectuate the purposes of this chapter. No restrictions or limitations may be imposed on the use ofrecords that are defined by law as state and local government records or as records open to public inspection, unlessnecessary to protect and preserve them from deterioration, mutilation, loss or destruction. Restrictions or limitationsimposed by law on the examination and use of records transferred to the archives under subsection 7, paragraph Cand subsection 8 remain in effect until the records have been in existence for 50 years, unless removed or relaxed bythe State Archivist with the concurrence in writing of the head of the agency from which the records weretransferred or the successor in function, if any.Retention Periods (for further information see page)Total Retention Period Time retained in agency Time retained in Records CenterDetermining the appropriate retention period for records requires taking a look at their value to the creating agency,and their long te

Records management is the continuous and efficient program by which we identify and classify records, establish . agency's functions, policies, decision, procedures, operations and other activities; or because of their informational value. Records can have varying purposes per agency. What are vital records to one agency, another agency may