Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-030 › Section 44-14-03005 - Retention of records

Current through Register Vol. 24-14, July 15, 2024
An agency is not required to retain every record it ever
				  created or used. The state and local records committees approve a general
				  retention schedule for state and local agency records that applies to records
				  that are common to most agencies.1 Individual agencies
				  seek approval from the state or local records committee for retention schedules
				  that are specific to their agency, or that, because of particular needs of the
				  agency, must be kept longer than provided in the general records retention
				  schedule. The retention schedules for state and local agencies are available at
www.sos.wa.gov/archives/
(select
				  "Records Management").
Retention schedules vary based on the content of the record.
				  For example, documents with no value such as internal meeting scheduling emails
				  can be destroyed when no longer needed, but documents such as periodic accounting
				  reports must be kept for a period of years. Because different kinds of records
				  must be retained for different periods of time, an agency is prohibited from
				  automatically deleting all emails after a short period of time (such as thirty
				  days). While many of the emails (like other public records) could be destroyed
				  when no longer needed, many others must be retained for several years.
				  Indiscriminate automatic deletion of all emails or other public records after a
				  short period no matter what their content may prevent an agency from complying
				  with its retention duties and could complicate performance of its duties under
				  the Public Records Act. An agency should have a retention policy in which
				  employees save retainable documents and delete nonretainable ones. An agency is
				  strongly encouraged to train employees on retention schedules. Public records
				  officers must receive training on retention of electronic records.
				  RCW
				    42.56.152(5).
The lawful destruction of public records is governed by
				  retention schedules. The unlawful destruction of public records can be a crime.
				  RCW
				    40.16.010 and
				  40.16.020.
An agency is prohibited from destroying a public record, even
				  if it is about to be lawfully destroyed under a retention schedule, if a public
				  records request has been made for that record.
				  RCW
				    42.56.100. Additional retention requirements
				  might apply if the records may be relevant to actual or anticipated litigation.
				  The agency is required to retain the record until the record request has been
				  resolved. An exception exists for certain portions of a state employee's
				  personnel file.
				  RCW
				    42.56.110.
Note:
1An agency can be found to violate
						  the Public Records Act and be subject to the attorneys' fees and penalty
						  provision if it prematurely destroys a requested record after a request is made.
						  See
Yacobellis v. City of Bellingham
, 55 Wn. App. 706, 780 P.2d
						  272 (1989). However, it is not a violation of the Public Records Act if a record
						  is destroyed prior to an agency's receipt of a public records request for that
						  record.
Bldg. Indus. Ass'n of Wa s h . v. M c C a r t h y
, 152
						  Wn. App. 720, 218 P.3d 196 (2009);
West v. Dep't of Nat. Res.
,
						  163 Wn. App. 238, 258 P.3d 78 (2011). The Public Records Act (chapter 42.56 RCW)
						  and the records retention statutes (chapter 40.14 RCW) are two different laws.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-03005, filed 1/31/06, effective
					 3/3/06.