OAR 166-030-0027: Public Records Retention and Disposition Authorization (Local Agencies)

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 166-030-0041 and any suspension ordered under the provisions of 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.