2018.01.29 CC Packet - Laserfiche WebLink

Home

RETENTION OF OFFICIAL RECORDS Position: Washington County supports the current law that requires the county to retain official records. The county does not support additional requirements to retain items that are not official documents or that are not required as part of the data practices law, including the proposal to keep all email correspondence for a period of three years. Washington County recommends any modifications to records retention or data practices law be based on the content, not the media that contains the information. Issue: Under current law, counties and other local units of government are required to "make and preserve all records necessary to a full and accurate knowledge of their official activities." Government records include correspondence, memos, reports and other data or information regardless of its physical form or characteristics. Laws are in place to define what is an official government record or document and for how long that record must be retained. Legislation was introduced in 2017 that would require all correspondence, whether it meets the definition of being an official record or government record, to be retained for no less than three years. As noted in the House Resource bill summary for House File #1185 this change would "significantly broaden the scope of records retention laws and no longer provide for a distinction between official and unofficial records." In early 2016, the metropolitan counties formed a workgroup to share information and develop best practice recommendations on the management of electronic communications. That group recommended a number of guiding principles for the management of electronic communications including: • That retention should be applied based on the content of the electronic communication, not the format; • That electronic communication is subject to the Minnesota Government Data Practices Act; • That electronic communication containing data that would be considered part of an official record must be retained in accordance with established records retention schedules; and • That the majority of electronic communications are not official records and are transitory in nature. The workgroup recommended that counties should have policies in place that address electronic communications, that all for the efficient management of transient, nonofficial records, and adopt technology solutions to support the movement and storage of electronic communications. Support and Opposition: There were a number of individuals and groups that supported the legislation to require a three-year retention for all emails. Local units of government opposed the added requirements. Previous Consideration: The county Legislative Committee reviewed the 2017 legislation during the last legislative session. No formal position has been taken by the county board. The county board sent a letter to its delegation on February 14, 2017 outlining its concerns. The Minnesota Inter -County Association and Association of Minnesota Counties actively opposed the bills in 2017. 29