4023: Record Management and Retention

The ESU will comply with all federal record retention requirements, the Nebraska Records Management Act, and with Schedules 24 and 95 of the Nebraska Secretary of State’s Records Management Division. These requirements apply to both physical and digital records. When permitted by Schedule 24 and Schedule 95 of the Nebraska Secretary of State’s Office, records will be transferred to durable electronic media for long-term storage.

Special Rules Related to Electronic Forms of Communication.

Electronically stored information such as e-mail, instant messaging, and other electronic communication are important to the ESU’s overall operation. E-mail and other forms of electronic communication which is subject to retention under the Nebraska Records Management Act may be moved to a storage method other that their original format. Each individual who creates or receives electronic communications that belong to or pertain to the operation of the ESU is responsible for determining whether and in what format those records must be maintained. Duplicate records may be destroyed at any time prior to the approved retention period. Staff members who are uncertain about whether a record should be retained should consult with their supervising administrator.

The ESU will archive all Google Apps data with metadata intact, except for instant messaging which users determine to be transitory, will be retained for 90 days. After this time, the electronically stored information with metadata intact shall be subject to overwriting or deletion from the ESU’s electronic files and records, except as otherwise required by these polices or state and federal law. Only the domain administrator or other designated individual will be able to retrieve electronic communication and other electronically stored information which has been vaulted.

ESU-affiliated Social Media Posts.

Communication on ESU-affiliated social media accounts are considered short-term communications pursuant to the Records Management Act. As such, they will be retained in their original form on the vendor’s system and will not be deleted by the user for at least 6 months. Individuals who are uncertain as to whether a specific social media account is “ESU-affiliated” should refer to the Board’s policy on Staff and ESU Social Media Use contained elsewhere in these policies.

Special Rules Related to Security Camera Footage.

Video footage from security cameras is generally considered working papers under the Records Management Act, and will be overwritten consistent with the ESU’s audio and video recording policy.

Records Regarding Pending or Threatened Litigation.

When litigation against the ESU or its employees is filed or threatened, the ESU will take all reasonable action to preserve all documents and records that pertain to the issue. When the ESU is made aware of pending or threatened litigation, a litigation hold directive will be issued by the administrator or designee. The directive will be given to all persons suspected of having records that may pertain to the potential issues in the litigation. The litigation hold directive overrides any records retention schedule that may otherwise call for the disposition or destruction of the records until the litigation hold has been lifted.

Adopted on: November 10, 2008
Revised on: February 12, 2019
Reviewed on: October 10, 2011
Reviewed on: Jan. 9, 2023