2228.1 REV-3 CHG-1

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CHAPTER 8. EMPLOYEE REMOVAL AND USE OF RECORDS

8-1 POLICY ON SAFEGUARDING RECORDS. (Appendix 1 defines \"record

material.\" Records include electronic files and media.)

a\. HUD records may not be destroyed except as authorized in

approved HUD records disposition schedules, disposal

lists or General Records Schedules.

b\. Records may not be altered or unlawfully removed from

HUD offices. Computer software programs and diskettes

are HUD property and cannot be removed.

8-2 PENALTIES FOR UNLAWFUL ACTIONS INVOLVING HUD RECORDS:

a\. For Unlawfully Altering, Removing or Destroying Records:

A fine of not more than \$2,000 or three years in prison

or both. In addition, Government officials lose their

positions and cannot hold Government office again.

(Source: 18 U.S.C. 2071)

b\. For Stealing Records: (Source: 18 U.S.C. 641)

IF the value of THEN the penalty AND/OR prison

the stolen records is a fine of not for . . .

is . . . more than. . .

\$100 or less \$1,000 1 year

Over \$100 \$10,000 10 years

c\. For Disclosing Restricted National Security and Defense

Information: Stiff criminal penalties (Source:

18 U.S.C. 793, 794, 798)

8-3 WHAT PAPERS CAN DEPARTING HUD PERSONNEL REMOVE? A HUD

official who retires, transfers or resigns:

a\. Cannot remove:

\(1\) Any material which would leave a gap in the files,

causing incomplete documentation of HUD\'s policies

and actions or of the legal or financial rights of

\* HUD or others. \*

\(2\) Any classified material relating to National

defense or security and any confidential material

given to HUD.

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8-1 3/93

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2228.1 REV-3 CHG-1

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\* (3) The official copy of any record, regardless of its

medium (hard-copy, disk, fiche, film, photograph,

etc.).

\(4\) \"Restricted Data\" records.

\(5\) Any copy of a document containing the following

types of information exempt from public release

under the Freedom of Information Act, whether the

official record copy or extra copy:

Records containing trade secrets and other

commercial or financial information of a

\"company proprietary\" nature;

Records containing information which may not be

made public without violating statutory

prohibitions;

Records containing information from personal,

medical, and similar files, which relate to the

personal privacy of individuals;

Records containing information developed in the

course of investigations for purposes of civil

or criminal law enforcement; and

Personal diaries, logs, handwritten notes,

memoranda, or tapes of personal telephone calls

or any documents communicating or transmitting

official business of the Department and/or

assisting in the decision-making process.

b\. May remove:

\(1\) Papers created before entering Government service

i.e., work files, political materials, and

reference files.

\(2\) Private materials brought into, created, or

received in the office that were not created or

received in the course of transacting Government

business. Included are personal correspondence,

materials documenting professional activities,

manuscripts for articles and books, and volunteer

and community service records. \*

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3/93 8-2

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2228.1 REV-3 CHG-1

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\* (3) Personal papers that are not used in the

transaction of Government business. This category

includes diaries, journals, notes, personal

calendars, and appointment schedules and are

solely for the official\'s personal use.

\(4\) With Departmental approval, nonrecord copies of

documents and stocks of publications and processed

documents.

c\. Some personal papers could later be determined to be

agency records, depending on the circumstances

surrounding their creation, maintenance, use, and

disposition. Consult your Records Management Liaison

Officer (RMLO) or the Departmental Records Management

Officer (DRMO), if in doubt. \*

8-4 INSPECTION OF PAPERS BEFORE REMOVAL. When transferring,

retiring, or resigning, an employee needs a property pass to

remove papers and personal property from HUD offices. The

papers must be inspected to insure that they can be removed.

a\. Inspecting Office: Before the pass will be issued, the

employee must contact:

\(1\) In Headquarters: Headquarters RMLO\'s. In

emergencies, when the RMLO or alternate is absent,

contact the DRMO in the Management Services

Division, Office of Administrative and Management

Services, Administration.

\(2\) In Regional Offices: Regional RMLO\'s.

\(3\) In Field Offices: As assigned.

b\. How to Pack Papers and Personal Property: Pack papers

you plan to remove in a separate box from other personal

property, unless the volume is too small. Do not seal

or remove boxes of papers from HUD offices until

inspected.

\* c. Inspection Procedures:

\(1\) Administrative Officer (AO) provides RMLO and/or

Alternate with pending separations and proposed

separation date. \*

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8-3 3/93

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2228.1 REV-3 CHG-1

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\* (2) RMLO and/or Alternate inspect materials prior to

removal from the Department. This should be

completed 3-5 working days before date of property

removal.

\(3\) After inspection, the RMLO/Alternate seals and

tapes container(s) with adhesive tape.

\(4\) AO signs and issues a property pass for removal of

personal papers. A detained description of the

personal papers to be removed, their volume and

quantity, the employee\'s signature, the RMLO\'s

signature, and the date the documents are to be

removed from the building must be attached to the

property pass.

\(5\) RMLO retains a copy of the approved property pass

and attachment.

\(6\) Employee provides a copy of the approved property

pass to security staff upon exiting the building. \*

\(7\) RMLO notifies the Secretary if aware of any actual

or threatened removal of official records from

HUD.

8-5 RECORDS CERTIFICATION ON SEPARATION CLEARANCE FORM HUD-58.

Employees separating from HUD will be required to sign a

block on the Form HUD-58, \"Clearance for Separation of

Employee,\" to certify that they have not removed any HUD

records, computer software or diskettes. See Exhibit 8-1.

(Form HUD-58-A with preprinted room numbers will be provided

for Headquarters use.) Employees will not receive their

final salary payment until the clearance form is completed.

8-6 WHO NOTIFIES NARA OF UNLAWFUL REMOVAL OR DESTRUCTION? The

Secretary must notify NARA of any actual or threatened

unlawful alteration, removal, or destruction of HUD records.

NARA will help the Secretary begin action through the

Attorney General to recover records unlawfully taken

(Source: 44 U.S.C. 3106)

8-7 CAN FORMER EMPLOYEES USE HUD MATERIAL? Former employees can

reveal or use lawfully removed material in books, articles,

speeches, or lectures, except:

a\. Classified material or confidential data protected by

law cannot be revealed or used.

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3/93 8-4

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2228.1 REV-3 CHG-1

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b\. Lawyers who leave HUD cannot reveal any Government

information not generally known to the public that they

obtained as Government lawyers. They are required by

the Canons of Ethics to preserve their clients\'

confidences.

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8-5 3/93

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2228.1 REV-3 CHG-1

Exhibit 8-1

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CLEARANCE FOR SEPARATION OF

EMPLOYEE, FORM HUD-58

[Click Here to Download PDF
Form](http://www.hud.gov/utilities/intercept.cfm?/offices/adm/hudclips/forms/files/58.pdf)

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form HUD-58 (11/3/89)

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3/93 8-6

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2228.1 REV-3 CHG-1

Exhibit 8-1

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form HUD-58 (11/3/89)

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8-7 3/93