WAC 44-14-03005
Retention of records. 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.secstate.wa.gov/archives/gs.aspx.
Retention schedules vary based on the content of the
record. For example, documents with no value such as internal
meeting scheduling e-mails 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 e-mails
after a short period of time (such as thirty days). While
many of the e-mails could be destroyed when no longer needed,
many others must be retained for several years.
Indiscriminate automatic deletion of all e-mails after a short
period 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.
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 42.17.290/42.56.100. 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 42.17.295/42.56.110.
Note:
1An agency can be found to violate the act and be subject to the attorneys' fees and penalty provision if it prematurely
destroys a requested record. See Yacobellis v. City of Bellingham, 55 Wn. App. 706, 780 P.2d 272 (1989).