Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 30 - RECORDS MANAGEMENT PROCEDURES › Section 166-030-0027 - Public Records Retention and Disposition Authorization (Local Agencies)

Current through Register Vol. 63, No. 7, July 1, 2024
Authorization for destruction of public records by local
				agencies shall be obtained as follows:
(1) No authorization is required to destroy
			 materials which are excluded or exempt by statute from the definition of public
			 records. (ORS 192.005(5),
			 192.170)
(2) An applicable General Schedule published
			 in OAR Chapter 166, or a Special Schedule approved by the State Archivist,
			 establishes the appropriate retention and disposition for local agency records.
			 A local agency may destroy public records which have met the terms and
			 conditions of their scheduled retention period, subject to the prior audit
			 requirements of OAR 166-030-0041  and any suspension ordered under the
			 provisions of OAR 166-030-0045. Unless otherwise stated, a retention period
			 shall be calculated from the date the public record was created. Retention
			 periods for local government agency records are minimum retention
			 period.
(3) Notwithstanding any
			 retention period listed in a General Schedule, no public record created in or
			 prior to 1920 shall be destroyed without the express written permission of the
			 State Archivist.
(4) Specific
			 approval from the State Archivist by means of a Special Schedule is required to
			 dispose of public records which are not listed in an applicable General
			 Schedule found in these rules. Instructions on creating Special Schedules are
			 available from the State Archivist.
(5) Special schedules will not be written for
			 records contained in applicable local government general schedules unless the
			 State Archivist determines that is necessary to do so. General schedules for
			 local government agencies will be developed and filed as Oregon Administrative
			 Rule following the procedures defined in OAR chapter 166, division 500. General
			 schedules for local government agencies will be reviewed at least every five
			 years, or sooner as specified by the State Archivist
(6) Notwithstanding any retention period
			 listed in a General Schedule or Special Schedule, no public records listed on
			 the Oregon Historical Records Inventory shall be destroyed. Copies of lists of
			 records on the Oregon Historical Records Inventory are available from the State
			 Archivist.
(7) Local agencies shall
			 submit a record of all public records (paper only) destroyed on the authority
			 of the approved records retention schedules. This record shall list schedule
			 number, record series title, cubic feet destroyed, and date destroyed. For
			 electronic records, only agencies using an electronic records management
			 system, need to report the records destroyed. The destruction report generated
			 by the system shall suffice and should include retention schedule number,
			 record series title, and date destroyed. Both the destruction report for paper
			 records and for electronic records (when applicable) shall be forwarded to the
			 State Archivist on an annual basis.
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192,
				  357.855 &
				  357.895