How long should I retain records?

The New York State Archives has developed a guide for the retention and disposition of local government records (LGS-01).

The Highway, Engineering, and Public Works section begins on page 328. The full document is available for free on the NYS Archives Webpage which is linked under resources below.

Some highlights include:

  • A high percentage of records must be kept 6 years but check the schedule. Some specific types of records have different periods and some may even be indefinite. NYSLTAP-CLRP recommends retaining personnel records for 7 years.
  • Some records may be needed to defend the local government in legal actions. Records that are being used in such actions must be retained for the entire period of the action even if their retention period has passed. If the retention period has expired by the time the legal action ends, the record must be retained for at least one additional year to resolve any need for the record in an appeal. If the retention period has not expired, the record must be retained for the remainder of the retention period, but not less than one year after the legal action ends. Prior to disposing of records, local officials may wish to consult with their municipal attorney to verify that no legal actions have been initiated which would require longer retention of the records.
  • With regards to physical roads or bridges; engineering records and plans must be kept until the road or bridge no longer exists (essentially forever).

Apart from the NYS schedule, records involving federal aid must be kept 3 years past the last action on the project, 10 years if the project is on the national highway system, and 36 years if the funds include state supplemental funding.

Resources:

http://www.archives.nysed.gov/records/local-government-record-schedule/lgs-1-title-page

 

February, 22'