CITY OF LAS CRUCES

 

ã Shirley Clark, MMC

City Clerk

City of Las Cruces

P. O. Box 20000

Las Cruces, NM 88004

Phone 505 541 2118 • Fax 505 541 2117

November 2002

Table of Contents

WHY MANAGE RECORDS?. 1

PUBLIC RECORD.. 3

Inspection of Public Record. 4

Inspection of Public Records Policy. 5

Procedures for Requesting Records. 5

Fees For Reproduction of Public Record  6

RECORD INVENTORY.. 8

Cubic Foot Equivalency Chart 9

INACTIVE RECORD STORAGE.. - 11 -

RETENTION SCHEDULES. - 13 -

DESTRUCTION OF PUBLIC RECORD   - 16 -

Tampering with public records. - 17 -

 Certificate of Destruction. - 17 -

PRESERVATION OF PUBLIC RECORD   - 18 -

Micrographics and Electronic Records  - 19 -

Micrographics - - 19 -

Electronic records. - 20 -

Electronic Record as Original - 20 -

Steps to Designation of Computer as Original Record  - 20 -

Document Imaging Programs. - 21 -

TERMS USED IN MANAGING RECORDS  - 22 -

               

WHY MANAGE RECORDS?

 

One manages records for information, not the storage of paper  or other media.

 

“P ublic records are public property, owned by the people in the same sense that the citizens own their courthouse or city hall, sidewalks and streets, funds in the treasury.  Because records document the conduct of the public’s business, including the protection of rights, privileges, and property of individual citizens, they constitute a species of public property of a higher value than buildings, equipment and even money, all of which usually can be replaced.”

H. G. Jones, Local Government Records: An Introduction to Their Management, Preservation and Use (Nashville: American Association for State and Local History, 1980.  The only book that focuses exclusively on local government records management and archival programs.)

 

 

“The proper retention of official documents is not only essential to ensure the documents' safekeeping but also, equally critically, to our ability to retrieve these documents in response to legitimate inquiries by our residents.  Records retention also is important in response to the occasional litigation that arises in the normal course of business."

                                                ‑Raymond W. Stone

                                                Administrator

                                                Township of East Brunswick New Jersey

 

 

 

Records Management  is the control of information required in doing business.  The goal is the ability to find a needed piece of information, in the correct place, as quickly as possible, at the lowest reasonable cost.

 

Local government is under siege by paper, thanks to mandates, regulations and programs that require us to produce and file more documents than ever before.  Each year, more staff time and office space are spent to store, retrieve, copy and distribute documents.  That means less time is spent on delivering crucial services to taxpayers. 

Three percent of all documents are misfiled , costing an average of $200 per document to recover. ¹  

The National Archives  was created in 1934 as part of the General Services Administration (GSA).  Records Management  was created as a separate, identifiable function during World War II in response to a paperwork crisis.  It is still misunderstood. 

 

 

Government professionals don’t want more raw data, they want quick, easy access to relevant information.  Information that provides answers, information that enables government professionals to do their jobs better.

 

There are several reasons why it is not good business practice to keep records that have met their retention.  Two examples follow:

 

1.      The Town of Silver City was under siege by local government activists around 1996.  In an effort to ‘prove’ the activist’s point that all government was corrupt, Inspection of Public Record requests were made.  When all was said and done, the city clerk filled a 10’ x 12’ room from floor to ceiling with boxes of information requested.  Most of the documents had met their retention, but because they chose to keep them, they had to produce them.

 

2.      Quote from Richard M. Nixon, “It’s not the records you destroy that harm you, but the ones you keep.”

 

 

 

 

 

 

PUBLIC RECORD

 

Chapter 14, of the New Mexico State Statutes, contains regulations on  public records of the state, county and municipalities. Resolution No. 97-368 appoints the city clerk as the custodian of the pubic record and adopts the state records retention schedules as a guideline for the City of Las Cruces.

 

“Public record” means all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained.  (14-2-6(E) NMSA 1978)

 

 

A public record can include information received or created by the City of Las Cruces, in various forms including computer records.

 

A public record is defined above by statute.  If a document is categorized as ‘Confidential’, it is still a public record.  ‘Confidential’ only pertains to public disclosure  of the document, which is not permitted. 

 

There are instances where a court will issue an order to produce documents for litigation.  If the documents are confidential, there is a process to follow.  If you receive a court order, contact the city attorney or city clerk.

 

 

Inspection of Public Record  

 

Public records are open to inspection by any person.  Reasonable restrictions and conditions on access may be made for safekeeping of the documents.  Request for records from the police department are to be made directly to the record custodian  at the police department.

 

Employees are members of the public.  Although they have access to information created and received by the City of Las Cruces as part of their jobs, they do not have the right to give out information in any record without using the inspection process.  Employees do not have a right to information that is an exemption to the public records, act, unless it is included as part of their job duties.

 

Inspection of public records procedures have been adopted by Resolution No. 01-291.  Fees for the inspections are included in this resolution.  The Inspection of Public Record form is located on page 7 of this document.  If you need an electronic copy, please contact the city clerk’s office.

 

A denial to inspect the record requires a copy to the city manager and city attorney.

 

Review the first step in the process for inspection.  If a request is simple, it can be completed in the office the request is made.  However, when a request becomes complex, relating to several offices, it is preferable to send the written request to the city clerk to coordinate.

 

In the exceptions to the public’s right to inspect is Number 6, as otherwise provided by law.  There are specific exceptions to information contained in public documents that are not permitted to be released.  A complete list is available in the office of the city clerk.  If you have questions on the public disclosure  of a document, call the city attorney or city clerk.

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspection of Public Records Policy

Everyone Has a Right to Inspect Any Public of the City of Las Cruces, Except:

 

1.                                          Records concerning physical or mental examinations.  

2.                                          Letters of reference  concerning employment, licensing or permits.

3.                                           Letters that are matters of opinion in personnel files .

4.                                          Law enforcement records revealing confidential sources.

5.                                          As provided by the Confidential Materials Act.

6.                                          As otherwise provided by law.

 

Procedures for Requesting Records

I.                                             An oral or written request is made to the custodian of record.  The City Clerk is the custodian of record for the City of Las Cruces. If a record is readily available where it is created, stored, or maintained, the request may be made in that office.  Police incident records are in the Las Cruces Police Department and requests shall be made to the Records Section.

 

II.                                           A written request shall provide the name, address and telephone number of the person requesting review of records .  Records shall be identified as accurately as possible.  A form is available in any city office.

 

III.                                          Inspection will be granted immediately, or when is practicable under circumstances, but no later than 15 days.

 

IV.                                       If the inspection is not granted within three business days, you will receive a letter from the custodian of record telling you when it will be available.

 

V.                                         Confidential information  in a specific record will be removed.

 

VI.                                       The City of Las Cruces is not required to create a record that does not exist.

 

VII.                                      Very difficult or large requests may take longer than 15 days.  If time extends past 15 days, you will receive a letter from the custodian of record telling you when it will be available.

 

VIII.                                    If your request to inspect records  is denied, the custodian of record will explain the denial.

 

IX.                                       If the custodian of record  does not deliver the records requested, or denied the inspection of the records incorrectly, a penalty may be imposed on the city. 

 

X.                                         Actions to enforce the Inspection of Public Records Act are taken by the Attorney General, or the District Attorney.

 

Fees For Reproduction of Public Record

                       

 

 

REQUEST FOR PUBLIC RECORDS       In accordance with Section 14‑2‑1 NMSA 1978, as amended, I would like to inspect the following documents, Please List Records with reasonable particularity:                         If your department does not maintain these public records, please let me know who does, and include the proper custodian name and address.   I promise to pay $ .50 per page for copying charges.  If the copying charges will exceed $___________, please call me to discuss.  I understand that I may be asked to pay the fee for copies in advance before you make any copies.   Public records will be available for inspection from 8:00 am to 5:00 pm on normal business days, in the presence of the records custodian.  Original records may not be removed from the City Offices.   Applicant  _______________________________                 Date _______________          Address    _______________________________ Telephone  _______________________________
For department use only
The request to inspect public records is: Approved ____________        Cost        ____________	Date filled:      _____________ No. of pages    _____________
Disapproved for the following reason(s):	____________________     ________ (Records custodian)                 (Date)

 

 

 

 

 

 

RECORD INVENTORY

Identifying types and quantities of records, and the storage equipment within an area, to determine the length of time to keep as an active or inactive record, or schedule for destruction.

 

The objectives of an inventory  include:

 

1.      Identify the types and quantities of records stored, and the record’s storage equipment used;

 

2.      To provide information on the type of business activity conducted now and in the past;

 

3.      To determine the value of records currently stored;

 

4.      To identify the location of and need for stored records within the city;

 

5.      To provide a basis for records destruction and retention schedules on a city wide basis.

 

Record inventory is not a one time activity, but a continuing process.  As each record series moves from an active to inactive record, the inventory form (RMF001) should be completed.  The Inventory form is located on page 10 of this document.  If you need an electronic copy, please contact the city clerk’s office. 

 

 

Volume of records is an important part of inventory .  A chart follows that shows the equivalency of file drawers to cubic feet, etc.  The measurement cubic feet is the industry norm for volume.

 

See Chapter 5 for retention schedules.

Cubic Foot  Equivalency Chart

 

File Folder Drawers  Cu.Ft.  Other Containers                  Cu.Ft.

Letter                             1.5          10" x 12" x 15"                 1.0

Letter Transfile             2.0          3 ½“x 8"x 14"-tab            0.2

Legal                             2.0          3 ½“x 8"x 24"-check  0.4

Legal Transfile              2.5          6" x 6" x 36" –check  0.6

Ledger                           3.0          6" x 6" x 48" –map          0.8

Jumbo                           4.0          4" x 4" x 48" - map          0.3

 

Shelf Units                                    Other items

Letter 36" long              2.4          3000 sheets of paper     1.0

Legal 36" long              3.0          100 microfilm rolls     1.0

 

Card File drawers       

3"x 5"x 26" long            0.4          All other Use Formula

3"x 5"x 14" long            0.2          L x W x H (inches)

3 ½ “x 7 ½ “ x 26"         0.4                                              1728" = 1 cu.ft.

3 ½ “x 7 ½ “ x 14"         0.2

4" x 6" x 26"                  0.5

4" x 6" x 14"                  0.2

5" x 8" x 26"                  0.7

5" x 8" x 14"                  0.4

6" x 9" x 26"                  1.0

6" x 9" x 14"                  0.6

8" x 8" x 26"                  1.2

8" x 8" x 14"                  0.6

 

Map or Plan Drawers

2" x 26" x 38"                1.1

2" x 38" x 50"                2.2

4" x 26" x 38"                2.3

4" x 38" x 50"                4.4

 

Map or Plan Tubes

2" x 2" x 38"                  0.1

2" x 2" x 50"                  0.1

4" x 4" x 38"                  0.3

4" x 4" x 50"                  0.5

RECORDS INVENTORY FORM

LOCATION

DEPARTMENT	OFFICE	STORAGE PLACE
CONTACT	TITLE	PHONE

IDENTIFICATION

ITEM NUMBER

OFFICIAL RECORDS SERIES TITLE

CONTENTS/CASE FILE

DESCRIPTION (Check all that apply)

ARRANGEMENT  SUBJECT                       GEO  ALPHA                           ORG  NUMERIC                      OTHER  CHRONOLOGICAL		FORMAT  < LETTER   DP PRINTOUT  MAGMED  LETTER      BOUND VOLS    ONLINE  LEGAL        MAPS DRAW     PHOTOS >LEGAL       MICROFILM      AVMEDIA		STORAGE  CABINET/SHELF  DESK DRAWER  BOXED  OTHER
VOLUME   TOTAL CUBIC FEET   __________   ANNUAL ACCUMULATION________	INCLUSIVE DATES   FROM _________________________   TO     ___________________________		ACTIVITY  MULTI DAILY       OTHER  DAILY  WEEKLY  MONTHLY

STATUS   (Check all that apply)

LEGAL STATUS  OFFICIAL RECORD  SUPPORTING FILES  REFERENCE MATERIALS	RESTRICTIONS           PUBLIC DISCLOSURE  VITAL RECORD      REQUIRED  CONFIDENTIAL      PROHIBITED  ARCHIVAL  SUBJECT TO AUDIT	FILE INTEGRITY  FILE BREAKS  MISSING ITEMS  RELATED ITEMS ELSEWHERE
INFORMATION DUPLICATED or SUMMARIZED ELSEWHERE? WHERE:                                                                       FORMAT:

ANALYSIS (Record Designee or Record Center use only)

RETENTION PERIOD: OFFICE                                       INACTIVE STORAGE                                       ARCHIVE

MICROFILM OR IMAGING RECOMMENDATIONS

RECEIVED BY:                                                        DELIVERED BY:                                   DATE:

INVENTORIED BY:                                                 DATE:                                                 DESTRUCTION DATE:

RECORDS CENTER STORAGE LOCATION: SHELF                                                           CABINET                                          NO. OF BOXES

 

INACTIVE RECORD STORAGE

 

The city clerk’s office can be responsible for maintaining inactive records for any department.  A record center is now located at the Hadley complex.  The control over the content of the records remains with the department or section.   The records are only maintained in a central facility.  Access to the record center is available to all employees or the public.  Information from document boxes is available by fax, email or inter-office mail. 

 

In order to use the record storage center , the following steps are required:

 

1.                  Proper storage box –

a.      The documents must be properly boxed in standard one cubic foot record storage boxes ( 10" x 12" x 15");

b.      Other box sizes will be allowed, if appropriate for the documents stored, for example – cancelled checks in check boxes (6”x6”x36”);

 

2.                  Label the box -                      

a.      Label which clearly states the contents of the box;

b.      Title of the record;

c.      Range of dates;

d.      Section the box belongs to;

e.      Date the records can be destroyed, according to the approved retention schedule;

 

3.                  Filling the box –

a.      Avoid filling a box with more than one type of record;

b.      If volume of one type of record is very small, records with the same destruction date would be permissible;

c.      Keep the contents of the box in good order, or in the order the records were filed in active storage;

d.      Do not dump or pile records in the box;

e.      Do not overfill the box;

 

 

4.                  Inventory  the box –

a.      The documents must be entered correctly on an inventory sheet, RMF001;

b.      Department Secretary is responsible for entering the inventory  information in the database; 

c.      Copy of RMF001 is given to the Department Secretary and the Records Center.

 

5.                  Departments and Sections are responsible for transportation of record boxes to the Records Center.

 

6.                  Destruction  of the record is the responsibility of the city clerk’s office.

 

7.                  Final authority to send documents to destruction remains with the Departments and Sections who store the record with the City Clerk.

 

 

RETENTION SCHEDULES

 

The City of Las Cruces has adopted the Record Retention Schedules as approved by New Mexico State Records and Archives. 

 

There are several schedules that can be used by municipalities.  Each schedule is printed in the Appendix of this manual. 

 

1.19.8            New Mexico Municipalities

 

In this schedule are those items which are peculiar to cities: 

           

1.19.8.105     Business Licenses

 

            1.19.8.106     Business Registrations

 

            1.19.8.116     Collective Bargaining