TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 19 LOCAL GOVERNMENT
RECORDS RETENTION AND DISPOSITION SCHEDULE (LGRRDS)
PART 8 NEW
MEXICO MUNICIPALITIES
1.19.8.1 ISSUING
AGENCY: New Mexico Commission of Public Records – State
Records Center and Archives
[1.19.8.1 NMAC - N, 9/28/2001]
1.19.8.2 SCOPE: All
New Mexico municipalities – local government
[1.19.8.2 NMAC - N, 9/28/2001]
1.19.8.3 STATUTORY
AUTHORITY: The administrator shall establish a record
management program and shall establish records disposal schedules
for the orderly retirement of records and adopt regulations necessary
for the carrying out of the public records act. Records
disposal schedules shall not become effective until thirty days
after the filing date, Section 14-3-6 NMSA 1978.
[1.19.8.3 NMAC - N, 9/28/2001]
1.19.8.4 DURATION: Permanent
[1.19.8.4 NMAC - N, 9/28/2001]
1.19.8.5 EFFECTIVE
DATE: September 28, 2001 unless a later date is
specified at the end of a section.
[1.19.8.5 NMAC - N, 9/28/2001]
1.19.8.6 OBJECTIVE: To
establish records disposal schedules for the orderly retirement of
records, Section 14-3-6 NMSA 1978.
[1.19.8.6 NMAC - N, 9/28/2001]
1.19.8.7 DEFINITIONS:
A. "Administrator" means
the state records administrator (Section 14-3-2 NMSA 1978).
B. "Agency" means
any state agency, department, bureau, board, commission, institution
or other organization of the state government, the territorial government
and the Spanish and Mexican governments in New Mexico (Section 14-3-2
NMSA 1978).
C. “Audit” means
a periodic examination of an organization to determine whether appropriate
procedures and practices are followed.
D. "Commission" means
the state commission of public records (Section 14-3-2 NMSA 1978).
E. “Pending
litigation” means a proceeding in a court of law whose activity
is in progress but not yet completed.
F. “Records
management” means the systematic control of all records from
creation or receipt through processing, distribution, maintenance
and retrieval, to their ultimate disposition.
G. “Records
retention period” means the period of time during which records
must be maintained by an organization because they are needed for
operational, legal, fiscal, historical or other purposes.
H. “Records
retention schedule” means a document prepared as part of a
records retention program that lists the period of time for retaining
records.
[1.19.8.7 NMAC - N, 9/28/2001]
1.19.8.8 ABBREVIATIONS
AND ACRONYMS:
A. “ADA” stands
for Americans With Disabilities Act
B. “CCW” stands
for carrying concealed weapon
C. “CRR” stands
for certified return receipt
D. “EMS” stands
for emergency medical service
E. “CCW” stands
for carrying concealed weapon
F. “FAA” stands
for federal aviation administration
G. “FBI” stands
for federal bureau of investigation
H. “HUD” stands
for housing and urban development
I. “MVD” stands
for motor vehicle division
J. “NCIC” stands
for national crime information center
K. “NPDES” stands
for national pollutant discharge elimination system
L. “UCR” stands
for uniform crime reporting
[1.19.8.8 NMAC - N, 9/28/2001]
1.19.8.9 INSTRUCTIONS:
A. For
records of an administrative nature, refer to the Records Retention
and Disposition Schedule for General Administrative Records, 1.15.3
NMAC.
B. For
records of a financial nature, refer to the Records Retention and
Disposition Schedule for General Financial Records, 1.15.5 NMAC.
C. For
records of a personnel nature, refer to the Records Retention and
Disposition Schedule for General Personnel Records, 1.15.7 NMAC.
D. For
records of a medical nature, refer to the Records Retention and Disposition
Schedule for General Medical Records, 1.15.8 NMAC.
E. Retention
periods shall be extended until six months after all current or pending
litigation, current claims, audit exceptions or court orders involving
a record have been resolved or concluded.
F. The
descriptions of files are intended to be illustrative, not complete.
For example, there will always be some documents that are filed in
a file that are not listed in the description, and similarly, not
every file will contain an example of each document listed in the
description.
G. Confidentiality
is denoted for files likely to contain confidential materials, but
files without a confidentiality note nonetheless may contain confidential
or privileged materials and failure to include an express confidentiality
note in the description of a file does not waive the confidential
or privileged nature of those materials. Refer questions concerning
the confidentiality of a file or portions of a file to legal counsel
for the agency.
H. Access
to confidential documents or confidential files shall be only by
authorization of agency or attorney general or by court order, unless
otherwise provided by statute. Release of confidential documents
to law enforcement and other government agencies, shall only be upon
specific statutory authorization or court order.
I. All
records, papers or documents may be photographed, microfilmed, microphotographed
or reproduced on film. Such photographs, microfilms, photographic
film or microphotographs shall be deemed to be an original record
for all purposes, including introduction in evidence in all courts
or administrative agencies. (Section 14-1-5, 14-1-6 NMSA 1978)
J. Electronic
records. Many paper records are being eliminated when the information
has been placed on magnetic tapes, disks, or other data processing
media. In these cases, the information on the data processing medium
should be retained for the length of time specified in records retention
and disposition schedules for paper records and should be subject
to the same confidentiality and access restrictions as paper records.
When the destruction of a record is required, all versions of said
record shall be electronically over-written on machine readable media
on which it is stored (or media destroyed). (See also 1 NMAC 3.2.70:
Performance Guidelines for the Legal Acceptance of Public Records
Produced by Information Technology Systems).
[1.19.8.9 NMAC - N, 9/28/2001]
1.19.8.10-100 [RESERVED]
1.19.8.101 ORDINANCE
FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: municipal
regulations adopted by the municipal governing body. Files may contain
original regulation adopted, amendments, repeal information, proof
of publication, legal notices, etc.
D. Retention: permanent
[1.19.8.101 NMAC - Rp, 1 NMAC 3.2.94.900.101, 9/28/2001]
1.19.8.102 ORDINANCE
CODE
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: compilation
of current municipal regulations.
D. Retention: until
superseded by new compilation
[1.19.8.102 NMAC - Rp, 1 NMAC 3.2.94.900.102, 9/28/2001]
1.19.8.103 RESOLUTION
FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: formal
statements expressing the opinion, will, or intent of the municipal
governing body.
D. Retention: permanent
[1.19.8.103 NMAC - Rp, 1 NMAC 3.2.94.900.103, 9/28/2001]
1.19.8.104 LIQUOR
LICENSE FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the issuance of liquor licenses. Files may contain application
for license, license stub, license fee receipts, correspondence,
memoranda, etc.
D. Retention: three
years after close of fiscal year in which license issued
[1.19.8.104 NMAC - Rp, 1 NMAC 3.2.94.900.104, 9/28/2001]
1.19.8.105 BUSINESS
LICENSE FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the issuance of business licenses. Files may contain application
for license, license stub, business fee receipts, correspondence,
memoranda, etc.
D. Retention: three
years after close of fiscal year in which license issued
[1.19.8.105 NMAC - Rp, 1 NMAC 3.2.94.900.105, 9/28/2001]
1.19.8.106 BUSINESS
REGISTRATION FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the issuance of business registration to participate in
business or occupational activity. Files may contain application
for registration, registration stub, registration fee receipts, correspondence,
memoranda, etc.
D. Retention: three
years after close of fiscal year in which registration issued
[1.19.8.106 NMAC - Rp, 1 NMAC 3.2.94.900.106, 9/28/2001]
1.19.8.107 NON-BUSINESS
REGISTRATION FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the issuance of non-business registration to participate
in non-business activity (e.g., charitable solicitations, parades,
gatherings, displays, garage sales, etc.). Files may contain
application for registration, registration stub, registration fee
receipts, correspondence, memoranda, etc.
D. Retention: three
years after close of fiscal year in which registration issued
[1.19.8.107 NMAC - Rp, 1 NMAC 3.2.94.900.107, 9/28/2001]
1.19.8.108 INFRASTRUCTURE
DEVELOPMENT FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning plans for future infrastructure development. Files
may contain feasibility studies, statistical reports, history documentation,
maps, plans, plats, etc.
D. Retention:
(1) Projects
approved: permanent
(2) Projects
not approved: five
years after close of fiscal year in which submitted to municipal
governing body
[1.19.8.108 NMAC - Rp, 1 NMAC 3.2.94.900.108, 9/28/2001]
1.19.8.109 CAPITAL
PROJECT FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the use of capital funds. Records document the progress
and completion of capital projects (e.g., construction, redesigning,
renovation, remodeling of municipal structures, streets, utility
lines, etc.). Files may contain bid or quote documentation,
contracts, payroll documentation, expenditure reports, blueprints,
architectural drawings, soil tests or analyses, engineering specification,
payment documentation, etc.
D. Retention:
(1) Fiscal
or contractual documents (e.g.,
bids, quotes, agreements, contracts, etc.): 10 years
after completion of project (Section 37-1-27 NMSA 1978)
(2) Technical
documents (e.g. blueprints, architectural drawings,
soil tests or analyses, engineering specifications,
etc.): permanent
(3) All
other documents: two years after close of fiscal
year in which project completed
[1.19.8.109 NMAC - Rp, 1 NMAC 3.2.94.900.109, 9/28/2001]
1.19.8.110 MUNICIPAL
BONDS, NOTES, INTEREST COUPONS, AND CERTIFICATES
OF INDEBTEDNESS
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: record
of debt in form of a bond, note, certificate of indebtedness, or
interest coupon incurred by the municipality.
D. Retention:
(1) When
paying agent is a bank, savings and loan association,
or other third party: until paid
and certificate of destruction 1.19.8.112 NMAC has been prepared
(Section 6-10-62 NMSA 1978)
(2) When
paying agent is the debtor agency
(i.e., municipality): two years following payment
and certificate of destruction 1.19.8.112 NMAC has
been prepared (Section 6-10-62 NMSA 1978)
[1.19.8.110 NMAC - Rp, 1 NMAC 3.2.94.900.110, 9/28/2001]
1.19.8.111 INDUSTRIAL
REVENUE BOND FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the issuance of municipal revenue bonds to acquire, own,
lease, or sell projects for the purpose of promoting industry and
trade other than retail trade. Files may include agreement
for the abatement of taxes, project descriptions, industry or trade
information, correspondence, memoranda, etc.
D. Retention: six
years after termination of agreements
[1.19.8.111 NMAC - Rp, 1 NMAC 3.2.94.900.111, 9/28/2001]
1.19.8.112 MUNICIPAL
BOND CERTIFICATE OF DESTRUCTION
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: shows
the number and maturity of the bond, note, certificate, coupon, the
date paid, etc.
D. Retention: six
years after date created (Section 6-10-62 NMSA 1978)
[1.19.8.112 NMAC - Rp, 1 NMAC 3.2.94.900.112, 9/28/2001]
1.19.8.113 MUNICIPAL
BOND REGISTER
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: record
of bonds or notes issued and paid. Register shows the bond
or note issue numbers, amount of issue, date
bond or note canceled, coupon numbers,
payment information, etc.
D. Retention: 10
years after date of maturity (Section 37-1-25 NMSA 1978)
[1.19.8.113 NMAC - Rp, 1 NMAC 3.2.94.900.113, 9/28/2001]
1.19.8.114 PETITION
FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning requests on a variety of issues (e.g., special election,
ordinance change, traffic light installation, speed bump installation,
etc.).
D. Retention:
(1) Petitions
that initiate an election: Filed in election files
1.19.8.153 NMAC
(2) All
other petitions: one year after close of fiscal
year in which received
[1.19.8.114 NMAC - Rp, 1 NMAC 3.2.94.900.114, 9/28/2001]
1.19.8.115 ADA
COMPLIANCE FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the Americans With Disabilities Act. File may contain
ADA plan, policies, grievance procedures, grievances, resolutions,
etc.
D. Retention:
(1) Plans,
policies, and procedures: until superseded or
one year after affected grievances have been resolved
(2) Grievances
and resolutions: one year after date closed
[1.19.8.115 NMAC - Rp, 1 NMAC 3.2.94.900.115, 9/28/2001]
[Note: Policies and plans adopted by ordinance or resolution.]
1.19.8.116 COLLECTIVE
BARGAINING FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning transactions with labor organizations representing employees
in collective bargaining. Files may contain copy of certification
of labor organization as the exclusive representative of employees,
mediation documentation and recommendations, agreements, grievances
and resolutions,
decertification, correspondence, memoranda, etc.
D. Retention:
(1) Agreements: six
years after termination of agreement
(2) Grievances
and resolutions: three years after date of resolution
(3) All
other documentation: until no longer needed for
reference
[1.19.8.116 NMAC - Rp, 1 NMAC 3.2.94.900.116, 9/28/2001]
1.19.8.117 CLAIM
OF LIEN FILES
A. Program: municipal
clerk
B. Maintenance
System: [municipal preference]
C. Description: records
concerning liens placed against private property for services rendered
by the municipality. Files may contain claim of lien, assessment
table, copy of notice of public hearing, copy of notice of violation,
court order, copy of work order, copy of billing, release of lien,
correspondence, memoranda, etc.
D. Retention: six
years after close of fiscal year in which lien released
[1.19.8.117 NMAC - Rp, 1 NMAC 3.2.94.900.117, 9/28/2001]
1.19.8.118-150 [RESERVED]
1.19.8.151 ELECTION
DISTRICT FILES
A. Program: municipal
election records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the creation of election voting districts. Files
may contain petitions, census information, boundary proposals, public
hearing information, consultant information, contractual documentation,
copies of ordinance adopting voting districts, final district delineation,
district maps, etc.
D. Retention: two
years after superseded by new redistricting
[1.19.8.151 NMAC - Rp, 1 NMAC 3.2.94.900.151, 9/28/2001]
1.19.8.152 PRECINCT
BOARD FILES
A. Program: municipal
election records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the appointment of precinct boards that will conduct municipal
election. Files may contain copy of appointment notifications,
appointment acceptances, oaths of office, list of precinct board
members (judges, clerks, and alternates), correspondence, memoranda,
etc.
D. Retention: two
years after election for which appointed
[1.19.8.152 NMAC - Rp, 1 NMAC 3.2.94.900.152, 9/28/2001]
1.19.8.153 ELECTION
FILES
A. Program: municipal
election records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning regular and special municipal elections held for the purpose
of electing municipal officers or considering any other question
placed on the ballot by the governing body. Files may include
the absentee ballot register and ballots, application for absentee
ballots, absentee voter lists and affidavits of destruction, signature
roster, registered voter list, machine printed returns, oaths of
office of the precinct board, declarations of candidacy and withdrawals,
election resolution, proof of all publications, copies of all election
material required to be published or posted, sample ballots and ballot
labels, voting machine permits, affidavits of triplicate voter registration
or certificates submitted by voters, copies of all affidavits or
certificates prepared in connection with election, copy of certificates
of canvass, amended certificates of canvass, results of recounts,
rechecks, contests, re-canvass, etc.
D. Retention:
(1) Ballots. Used
emergency and absentee paper ballots (If no notice by registered
mail of contest or no judicial inquiry) Note: ballots where
a contest, recount or judicial inquiry is sought shall be destroyed
upon order of the district court having jurisdiction for those
precincts (3-8-62 C NMSA 1978): 30 days after
the issuance of the certificate of election or 30 days after completion
of canvassing in which there are no candidates for municipal office,
for those precincts in which the municipal clerk has received no
notice of contest or judicial inquiry(Section 3-8-62 B NMSA1978)
(2) Ballots. Unused
paper ballots (including unused emergency paper ballots: upon
the closing of polls and before voting machines are unlocked (3-8-51B,
NMSA 1978)
(3) Ballots. Unused
absentee ballots: at 5:00 p.m. on the Thursday immediately
preceding the date of the election (3-9-8, NMSA 1978)
(4) Voter
registers or lists and election handbooks: until
superseded by new material
(5) All
other records: two years after election
date (3-8-71, NMSA 1978)
[1.19.8.153 NMAC - Rp, 1 NMAC 3.2.94.900.153, 9/28/2001]
1.19.8.154 CAMPAIGN
CONTRIBUTION REPORTS
A. Program: municipal
election records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the contribution to fund campaigns of candidates or special
issues. Reports may show name
of contributor, amount of contribution, candidate name, etc.
D. Retention: two
years after election date or until termination of office, whichever
is longer
[1.19.8.154 NMAC - Rp, 1 NMAC 3.2.94.900.154, 9/28/2001]
1.19.8.155 OATH
OF OFFICE
A. Program: municipal
election records
B. Maintenance
System: [municipal preference]
C. Description: original
or copies of oaths of elected municipal officials. Oath may
show municipal office, name of elected or appointed officer, affidavit,
date, signature, etc.
D. Retention: permanent
[1.19.8.155 NMAC - Rp, 1 NMAC 3.2.94.900.155, 9/28/2001]
1.19.8.156-200 [RESERVED]
1.19.8.201 ZONING
CASE FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning request to initially set or change established zoning
designation. Files may contain zoning request, fee receipts,
reviews, recommendation by planning and zoning board, correspondence,
memoranda, etc.
D. Retention: three
years after close of fiscal year in which case closed
[1.19.8.201 NMAC - Rp, 1 NMAC 3.2.94.900.201, 9/28/2001]
1.19.8.202 ZONING
PERMIT FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the application to allow the use of property as designated
by zoning code. Files may contain application to utilize
property as designated by zoning code, certificate of zoning compliance,
copy of permit issued, final inspection, construction plan copies,
work notes, certificate of occupancy copy, etc.
D. Retention: three
years after date of final inspection
[1.19.8.202 NMAC - Rp, 1 NMAC 3.2.94.900.202, 9/28/2001]
1.19.8.203 ZONING
VIOLATION FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning violations to zoning designation. Files may contain
complaint, inspections, work notes, final report, compliance documentation,
final resolution, correspondence, memoranda,
etc.
D. Retention: three
years after date of final resolution
[1.19.8.203 NMAC - Rp, 1 NMAC 3.2.94.900.203, 9/28/2001]
1.19.8.204 BUILDING
INSPECTION FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the application to construct and/or to modify private
structures within the municipality. Files may contain application
to build/modify, copy of permit issued, inspections (e.g., plumbing,
electrical, environmental, etc.), construction plan copies, work
notes, certificate of occupancy copy, etc.
D. Retention: 10
years after date of final resolution
[1.19.8.204 NMAC - Rp, 1 NMAC 3.2.94.900.204, 9/28/2001]
1.19.8.205 BUILDING
CODE VIOLATION FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning violations to building code (building, plumbing, mechanical,
environmental). Files may contain complaint, inspections, work
notes, final report, compliance documentation, final resolution,
correspondence, memoranda, etc.
D. Retention: 10
years after date of final resolution
[1.19.8.205 NMAC - Rp, 1 NMAC 3.2.94.900.205, 9/28/2001]
1.19.8.206 PROPERTY
ASSESSMENT FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the assessment of real property (lien) initiated by petition
or declaration of imminent domain to improve or develop community
infrastructure. Files may contain petitions, correspondence,
memoranda, assessment value documentation, challenges to assessed
values, final action of governing body, etc.
D. Retention: three
years after close of fiscal year in which final action taken
[1.19.8.206 NMAC - Rp, 1 NMAC 3.2.94.900.206, 9/28/2001]
1.19.8.207 ANNEXATION
FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: working
files of planning and zoning board. Records concerning the annexation
of land into the municipality. Files may contain petitions, ordinance
copies, plats, maps, surveys, correspondence, memoranda, etc.
D. Retention:
(1) Plats
and maps: until incorporated into property files
1.15.3. NMAC (RRDS for General Administrative Records, section
125)
(2) All
other documentation: until property annexed
[1.19.8.207 NMAC - Rp, 1 NMAC 3.2.94.900.207, 9/28/2001]
1.19.8.208 COMMUNITY
DEVELOPMENT REPORT
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: report
on promoting the municipality through its economic development.
D. Retention: two
years after date issued
[1.19.8.208 NMAC - Rp, 1 NMAC 3.2.94.900.208, 9/28/2001]
1.19.8.209 COMMUNITY
DEVELOPMENT AND COMMUNITY SERVICE GRANT OR SUB-GRANT
FILES
A. Program: planning,
zoning, and community development records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning grant monies received and redistributed by the municipality.
Records include but are not limited to block grants, negotiated grants,
federal agency grants, state agency grants (i.e., agency on aging),
entitlement grants, etc. Files may contain municipality's application
for grant, grant award notification, applications to the municipality
for sub-grant monies, copies of sub-grant award notifications, sub-grantee
expenditure reports, copy of final expenditure report, reports as
required by grant, etc.
D. Retention: five
years after submission of final expenditure report or 6 years after
termination of grant whichever is longer
[1.19.8.209 NMAC - Rp, 1 NMAC 3.2.94.900.209, 9/28/2001]
1.19.8.210-300 [RESERVED]
1.19.8.301 PRE-APPLICATION
FOR TENANT ELIGIBILITY
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: application
to certify tenant eligibility for public housing. Application
shows applicant name, address, source of income, amount of income,
names of family members, signature of applicant, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.301 NMAC - Rp, 1 NMAC 3.2.94.900.301, 9/28/2001]
1.19.8.302 TENANT
WAITING LIST
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: list
of tenants eligible for public housing. List shows name of applicant,
date of application, rank, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.302 NMAC - Rp, 1 NMAC 3.2.94.900.302, 9/28/2001]
1.19.8.303 TENANT
FILE
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning family unit certified to receive public housing
assistance. File may contain Section 8 Existing Housing Program
Certificate of Family Participation,
certification or re-certification of tenant eligibility, Section
8 Existing Housing Program Request of Lease Approval, unit inspection
report, interim inspection reports, cathodic inspection report (municipal
units only), etc.
D. Retention: six
years after termination of lease
[1.19.8.303 NMAC - Rp, 1 NMAC 3.2.94.900.303, 9/28/2001]
1.19.8.304 HOUSING
DISCRIMINATION COMPLAINT FILE
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning allegations of housing discrimination. File may contain
complaint, investigation reports, findings, conclusions, etc.
D. Retention: three
years after case closed
[1.19.8.304 NMAC - Rp, 1 NMAC 3.2.94.900.304, 9/28/2001]
1.19.8.305 DEVELOPMENT
COST FILES
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the building of public housing units. Files may
contain HUD loan commitment, federal loan notes, land acquisition
documents, construction documents, bond documentation, etc.
D. Retention: three
years after disposition
[1.19.8.305 NMAC - Rp, 1 NMAC 3.2.94.900.305, 9/28/2001]
1.19.8.306 PUBLIC
HOUSING MAINTENANCE FILE
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the maintenance of municipal-owned public housing units. Files
may contain cathodic inspection, work orders, repair orders, unit
inventory (e.g., stove, refrigerator, etc.), work schedules, daily
work logs, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.306 NMAC - Rp, 1 NMAC 3.2.94.900.306, 9/28/2001]
1.19.8.307 HUD
REPORTING FILE
A. Program: housing
authority records
B. Maintenance
System: [municipal preference]
C. Description: copies
of reports required by and submitted to HUD. Report may include accounts
reconciliation, budget, statistical, assessment, evaluation, etc.
D. Retention: six
years after close of fiscal year in which created
[1.19.8.307 NMAC - Rp, 1 NMAC 3.2.94.900.307, 9/28/2001]
1.19.8.308-400 [RESERVED]
1.19.8.401 UTILITY
FRANCHISE FILES
A. Program: public
utility records
B. Maintenance
System: [municipal preference]
C. Description: records
establishing the terms in which utility may use municipal termination
of rights of way. Files may include copy of right of way
contract (ordinance), studies, reports, work papers, etc.
D. Retention: six
years after termination of franchise
[1.19.8.401 NMAC - Rp, 1 NMAC 3.2.94.900.401, 9/28/2001]
[Note: Franchise adopted by ordinance.]
1.19.8.402 PUBLIC
UTILITY MAINTENANCE FILES
A. Program: public
utility records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning maintenance of utility distribution or collection lines
and services (e.g., water lines, sewer lines, gas lines, electrical
lines, cable lines, water wells, water hydrants, etc.). Files may
include work schedules, personnel schedules, daily work logs, check
lists, inspections, work reports, etc.
D. Retention:
(1) Annual
summary report: 10 years after close of fiscal year
in which created
(2) All
other records: five years after close of fiscal
year in which created
[1.19.8.402 NMAC - Rp, 1 NMAC 3.2.94.900.402, 9/28/2001]
1.19.8.403 STREET
EXCAVATION PERMIT FILES
A. Program: public
utility records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the application for permit to excavate or bore under a
municipal-owned street for the purpose of construction or repair
of utility lines. Files may contain application for permit,
engineering drawings, archaeological data, copy of permit, cut location information,
date of cut, date completed, date of final reformation, etc.
D. Retention: six
years after close of fiscal year in which permit issued
[1.19.8.403 NMAC - Rp, 1 NMAC 3.2.94.900.403, 9/28/2001]
1.19.8.404 WATER
STORAGE FACILITY FILES
A. Program: public
utility records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the design and construction of municipal water supply
or storage structures. Files may contain engineering designs,
engineering drawings, soil surveys or studies, geological surveys
or studies, construction plans, inspection copies, etc.
D. Retention: permanent
[1.19.8.404 NMAC - Rp, 1 NMAC 3.2.94.900.404, 9/28/2001]
[Note: includes manmade and natural structures.]
1.19.8.405 WATER
STORAGE AND SUPPLY MAINTENANCE FILES
A. Program: public
utility records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the maintenance of municipal water storage and supply
facilities. Files may contain work schedules, personnel schedules,
daily work logs, check lists, inspections, work reports, periodic
reservoir reports, periodic water level reports, reservoir water
readings, well production reports, etc.
D. Retention:
(1) Annual
summary report: 10 years after close of fiscal year
in which created
(2) All
other records: five years after close of fiscal
year in which created
[1.19.8.405 NMAC - Rp, 1 NMAC 3.2.94.900.405, 9/28/2001]
1.19.8.405-500 [RESERVED]
1.19.8.501 DISCHARGE
OF EFFLUENT PERMIT FILES
A. Program: wastewater
records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the discharge of effluent. Files may contain National
Pollutant Discharge Elimination System (NPDES) permit application,
permit for discharge of effluent, compliance monitoring reports,
inspection reports, non-EPDES permits, notice of intent to discharge
effluent, plans, specifications, enforcement actions, etc.
D. Retention: 10
years after destruction of facility
[1.19.8.501 NMAC - Rp, 1 NMAC 3.2.94.900.501, 9/28/2001]
1.19.8.502 WASTEWATER
TREATMENT FACILITY FILES
A. Program: wastewater
records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the design and construction of municipal wastewater treatment
facilities. Files may contain feasibility studies, engineering
designs, engineering drawings, soil surveys or studies, geological
surveys or studies, construction plans, inspection copies, etc.
D. Retention: permanent
[1.19.8.502 NMAC - Rp, 1 NMAC 3.2.94.900.502, 9/28/2001]
1.19.8.503 WASTEWATER
TREATMENT FACILITY MAINTENANCE FILES
A. Program: wastewater
records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning maintenance of wastewater treatment facilities. Files
may contain work schedules, personnel schedules, daily work logs,
checklists, inspections, work reports, etc.
D. Retention:
(1) Annual
summary report: 10 years after close of fiscal year
in which created
(2) All
other records: three years after close of fiscal
year in which created
[1.19.8.503 NMAC - Rp, 1 NMAC 3.2.94.900.503, 9/28/2001]
1.19.8.504 WASTEWATER
FLOW CHART REPORT
A. Program: wastewater
records
B. Maintenance
System: [municipal preference]
C. Description: National
Pollutant Discharge Elimination System (NPDES) required report of
discharge effluent.
D. Retention: three
years after date created
[1.19.8.504 NMAC - Rp, 1 NMAC 3.2.94.900.504, 9/28/2001]
1.19.8.505 SLUDGE
DISPOSAL FILES
A. Program: wastewater
records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the wasting, hauling, and composting of sludge. Files
may contain waste monitoring reports, hauling application copy, composting
application copy, hauling permit, composting permit, etc.
D. Retention: five
years after date in which created (40 CFR 122.41)
[1.19.8.505 NMAC - Rp, 1 NMAC 3.2.94.900.505, 9/28/2001]
1.19.8.506-550 [RESERVED]
1.19.8.551 SOLID
WASTE FACILITY FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the design and construction of municipal solid waste facility.
Files may contain feasibility studies, engineering design, engineering
drawing, soil surveys or studies, geological surveys or studies,
construction plans, deviation from the approved design or operation
plans, etc.
D. Retention: permanent
[1.19.8.551 NMAC - Rp, 1 NMAC 3.2.94.900.551, 9/28/2001]
1.19.8.552 SOLID
WASTE FACILITY MAINTENANCE FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the operation of solid waste facilities. Files may
contain information on: type and weight or volume of solid waste
received; country, state, county, and municipality in which the solid
waste originated; commercial haulers of the solid waste; type
and weight or volume of special waste received; description of solid
waste or special waste handling problems or emergency disposal activities;
deviations from the approved design or operational plans; etc.
D. Retention:
(1) Annual
summary report: 10 years after close of fiscal year
in which created
(2) All
other records: three years after close of fiscal
year in which created
[1.19.8.552 NMAC - Rp, 1 NMAC 3.2.94.900.552, 9/28/2001]
1.19.8.553 SOLID
WASTE TRANSFER STATION FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the transfer of solid waste. Files may contain information
on the type of waste transferred, weight or volume of waste, origin
and destination of waste, transfer problems, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.553 NMAC - Rp, 1 NMAC 3.2.94.900.553, 9/28/2001]
1.19.8.554 PUBLIC
UTILITY CUSTOMER SERVICE FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the application for utility service. Files may contain
application for service, deposit information, cancellation of
service, etc.
D. Retention: three
years after close of fiscal year in which canceled or deposit refunded
to customer
[1.19.8.554 NMAC - Rp, 1 NMAC 3.2.94.900.554, 9/28/2001]
1.19.8.555 PUBLIC
UTILITY SERVICE FILE
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning customer-initiated complaint or request for service. File
may contain request for service, complaint of service, site evaluations,
work orders, service logs, memoranda, inspections, billings copies,
etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.555 NMAC - Rp, 1 NMAC 3.2.94.900.555, 9/28/2001]
1.19.8.556 METER
READING FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning measurement of utility usage. Record may show customer
name, meter number, meter size, meter location, meter reading, billing
address, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.556 NMAC - Rp, 1 NMAC 3.2.94.900.556, 9/28/2001]
1.19.8.557 UTILITY
BILLING REGISTER
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: monthly
listing of billed amount for utility service. Register may
show account name and address, account number, utilities charged,
amounts billed, utility consumption, payments applied,
etc.
D. Retention:
(1) End-of-year
register: three years after close of fiscal year
in which created
(2) Monthly
register: until audit report released
[1.19.8.557 NMAC - Rp, 1 NMAC 3.2.94.900.557, 9/28/2001]
1.19.8.558 UTILITY
TURNOFF NOTICE AND DELINQUENT REPORT
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: listing
of utility customers marked for service disconnection. Listing
may show customer names and addresses, service addresses, account
numbers, delinquent amounts, etc.
D. Retention: three
years after close of fiscal year in which created
[1.19.8.558 NMAC - Rp, 1 NMAC 3.2.94.900.558, 9/28/2001]
1.19.8.559 [RESERVED]
1.19.8.560 LINE
LOCATION FILES
A. Program: solid
waste records
B. Maintenance
System: [municipal preference]
C. Description: requests
to locate underground utility lines. Files may contain request,
work order, etc.
D. Retention: three
years after close of fiscal year in which work order issued
[1.19.8.560 NMAC - Rp, 1 NMAC 3.2.94.900.560, 9/28/2001]
1.19.8.561-600 [RESERVED]
1.19.8.601 HERBICIDE
AND PESTICIDE FILE
A. Program: environmental
records
B. Maintenance
System: [municipal preference]
C. Description: records
concerning the use and storage of herbicides and pesticides on municipal
property and rights of way. File may contain storage documentation,
application documentation, applicator certification information,
herbicide inventory, pesticide inventory, etc.
D. Retention: two
years after date of use (21 NMAC 17.50.10.3)
[1.19.8.601 NMAC - Rp, 1 NMAC 3.2.94.900.601, 9/28/2001]
1.19.8.602-650 [RESERVED]
1.19.8.651 FACILITY
USE AGREEMENT FILE
A. Program: parks
and recreation files
B. Maintenance
System: [municipal preference]
C. Description: agreement
to use municipal facility. File may contain request, approval,
schedule, copy of organizational bylaws, etc.
D. Retention: six
years after termination of agreement
[1.19.8.651 NMAC - Rp, 1 NMAC 3.2.94.900.651, 9/28/2001]
1.19.8.652 RECREATION | 
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