Record Retention

Question

Does a contractor have to comply with FOIL request if they are contracted to a county government?

Answer

New York's Freedom of Information Law, or “FOIL”, applies to government agencies (including public libraries) but cannot be used to compel private companies (or individuals) to allow inspection or copying or records.


Question

How long should the library retain employee records, payroll records, sales and purchase records, mortgage and loan documents, and other records?

Answer

Several considerations impact the answer to this question:

For a public library, the bare minimum record retention periods are found in a document called "the LGS-1."[1]  The LGS-1 has rules for retention covering everything from your library's charter, to how long you hold onto circulation records.


Question

I am a Trustee on the Board of our library. I also serve as the Secretary to the Board. As such, I do the note-taking and draft the meeting minutes for every board meeting. Do I need to retain my handwritten notes, once I have transcribed them into document format? If so, how long must they be kept and where?

Answer

This question comes to "Ask the Lawyer" from a public library.

As quasi-governmental entities, public libraries must follow a precise array of law, regulations, and rules for record-keeping.  We'll delve into that for those factors to answer this question.


Question

In a local school district, multiple books have been challenged recently. This week, the School Board received an email from a community member referencing record keeping for library materials and electronic records retention.

Answer

In speaking to different libraries about being prepared for book challenges, I have repeatedly stressed one very important element: have your policies ready.

This question shows the depth of consideration that goes into that simple requirement.


Question

For public libraries that must comply with Freedom of Information Law (FOIL), how does FOIL impact our organization's use of social media? What sort of social media records can be FOIL-ed and what are some best practices for using social media in regards to FOIL?

Answer

This is a timely question, because New York's Committee on Open Government (the authority on all things FOIL), has recently stated[1] that not only do public libraries have to follow FOIL, but cooperative public library systems have to, as well.


Question

I am writing to update the excellent advice on the RAQ page from November 2020 in regards to the retention of health screening records in a school district, local government, or state agency (under a separate retention schedule.)

Answer

First: thank you very much for your kind words and feedback.  Both are very appreciated, and I encourage users of the service to keep a dialogue going--the service is only as good as the questions and input that inspire it.


Question

We got a question regarding how the new rules for records retention (the "LGS-1") impacts the retention of school library borrowing records.

Under the new LGS-1, how long must school library borrowing records be retained?  How does that impact BOCES, district, and school library records purging? 

Answer

Thank you for this question.  The LGS-1 is one of my favorite rabbit holes to explore.


Question

Under the executive order, the modifications to Open Meetings Law meant we (I'm asking for several libraries in our system) record our Board meetings.

Answer

Before attempting to answer this one, my team and I looked to see if anyone else "out there" has tackled this question.


Question

The public libraries in our region have been requiring staff to complete a health self-assessment every day that they report to the building to work. Some of these libraries now have a collection of paper or electronic responses that date back to June.


How long should these records be kept? Two weeks? Two months? Forever?

Answer

Records management is an art formed by the crossroads of life, law, and data.[1]


Question

The library is using NYS Archives and Civil Service references to set personnel and payroll files records retention and disposition.

A question arose regarding employee rights to request removal of materials from personnel records.

Answer

There are a lot of little details to address in considering this question, but first, there is one big principle I must emphasize. When it comes to records retention—and especially when it comes to employee-related records—nothing should be discretionary.