Section 255-1-10 - RECORDS RETENTION SCHEDULESTitle 5 §95-C requires that all state and local government records be covered by retention schedules. This includes records that never leave the creating agency's custody.
A.Records scheduling programs for State government agencies A records scheduling program is essential to promote a prompt and orderly reduction in the quantity of records in each State agency.
1. Four basic elements are present in a records scheduling program:a. The taking of a complete inventory of the records in the custody of the agency;b. The formulation of a retention plan to govern disposition of each type or series of records and its statement in the form of a records retention schedule;c. The application of the records retention schedule to effect the elimination or removal of records;d. The identification and selection of permanent records in accordance with this records retention plan.2. The following steps shall be taken in the development of records retention schedules: a. Each State agency shall formulate a records retention schedule for all records in its custody.b. Schedules shall clearly identify and describe the series of records covered, and shall contain instructions that, when approved, can be readily applied. Schedules must, be readily adaptable to use along organizational lines, so that each office will have standing instructions for the disposition of records in its custody.c. All schedules shall take into account the actual filing arrangements in existence, so that disposition of records can be physically accomplished in the largest blocks possible.d. Nonrecord materials, such as extra copies of documents preserved for reference that need not be made a matter of record, shall not be incorporated in the official files of the agency. To the maximum extent possible, material not required for record purposes shall be disposed of immediately or as soon as no longer necessary.e. Schedules shall be reviewed at least once annually to effect changes necessary to maintain their current status.3. Records retention schedules shall provide for:a. The disposal after minimum retention periods of those records not having sufficient value to justify their further retention;b. The removal to a Records Center of those records which need not be maintained in office space and equipment; c. The retention as current records in office space and equipment of the minimum volume of records consistent with efficient operation;d. The identification of permanent records in accordance with the record retention plan.4. The head of each State agency shall take necessary action to implement records retention schedules to provide for the maximum economy of space, equipment, and personnel and efficiency of access. 5. Applicable Federal retention and disposition schedules shall govern the disposition of records created or maintained by State agencies pursuant to Federal law or regulation. The head of each agency shall advise the Maine State Archives of pertinent Federal disposition schedules governing the disposition of such records.B.Approved State general records schedules General records schedules shall be issued by the Records Management Division and the State Archivist to govern the retention and disposition of certain types of records common to all State agencies.
C.Records scheduling programs for local government agencies A records scheduling program is essential to promote a prompt and orderly reduction in the quantity of records in each local government agency.
1. Three basic elements are present in a records scheduling program: a. The taking of a complete inventory of the records in the custody of the agency.b. The application of the Local Government Record Retention Schedules to effect the elimination or removal of records.c. The identification and selection of permanent records in accordance with this records retention plan.2. The Local Government Record Retention Schedules shall provide for: a. The establishment of retention requirements for temporary records and ensure records are retained as long as needed for administrative, legal and fiscal purposes.b. The facilitation of the systematic disposal of unneeded records.c. The assurance records with enduring historical and other research value are identified and retained permanently.3. Designated municipal officials shall take necessary action to implement the Local Government Record Retention Schedules to provide for the maximum economy of space, equipment, and personnel and efficiency of access.4. Local Government Record Retention Schedules shall be used by all local governments and their agencies and offices. The schedules list those records which any local agency may create or receive in the course of daily business. For a local agency to be compliant and have an effective records management program, these retention schedules shall be used on a regular basis. 5. Local Government Record Retention Schedules indicate the minimum length of time records must be retained before they may be disposed of legally. The Local Government Record Retention Schedules indicates either 1) a limited period after which the records will be destroyed, or 2) the word "Permanent," indicating the records may not be destroyed and must be retained permanently.29-255 C.M.R. ch. 1, § 10