October 30, 2020 New Record Retention and Disposition Schedule
KEEPING YOU INFORMED…
We are writing to advise you that the NYS Commissioner of Education has issued a new uniform record retention and disposition schedule that must be adopted by all local governments, including cities, towns, villages, fire districts, counties, school districts, BOCES, teacher resource and computer training centers, county vocational education and extension boards and miscellaneous local governments (e.g., ferry districts).
The new schedule, called the Retention and Disposition Schedule for N.Y. Local Government Records (LGS-1), is available at: http://www.archives.nysed.gov/common/archives/files/lgs1.pdf.
Local governments must adopt the LGS-1 by resolution by January 1, 2021. Once this resolution is adopted, the local government can no longer use the previously adopted schedule (MU-1, ED-1, CO-2 or MI-1). The regulations continue to authorize a local government, with the Commissioner of Education’s consent, to adopt and use a records retention and disposition schedule or individual schedule in lieu of or in conjunction with the LGS-1.
We recommend that you review your policies, regulations, procedures and any other relevant documentation to determine whether those documents must be updated following your adoption of the LGS-1. For example, references to the old schedules should be replaced with “LGS-1.” You should also review your records retention practices to ensure compliance with these new requirements.
If you have any questions regarding the LGS-1, would like assistance with drafting a resolution adopting the LGS-1, or would like assistance with updating related policies, regulations and procedures, as well as ensuring compliance with the new mandates, please contact Lindsay T. Crocker, Lauren Schnitzer or one of our other attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
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