N.M. Code R. § 1.21.2.9 - INSTRUCTIONS
A. The records
retention and disposition schedule identifies the types of records maintained
by all agencies and specifies a period of time for which the official copy of
record must be retained. A retention period may be stated in terms of months or
years and is contingent upon the occurrence of a trigger event. Each record
classification will be itemized by NMAC section number and title in the format
listed below.
(1)
Category -
describes the hierarchy of the function
(2)
Description - describes the
function of the record classification
(3)
Retention - defines the
length of time records must be kept before they are eligible for destruction or
archival preservation
B.
Record classification descriptions are not intended to be exhaustive.
Descriptions may include records that do not appear in the files, and
conversely, files may include records not listed in the description.
C. Refer questions concerning the
confidentiality of a record to legal counsel for the agency. For the
destruction of confidential records, please refer to 1.13.30 NMAC.
D. Public records should be maintained in
their native format (paper/digital). Records may be microfilmed or digitized
provided a microphotography plan has been approved by the state records
administrator. Refer to Section
14-3-17
NMSA 1978 and 1.14.2 NMAC. Such photographs, microfilms, photographic film or
microphotographs shall be deemed to be an original record for all
purposes.
E. Agencies are
encouraged to create secondary and tertiary descriptors for each classification
(e.g., account receivable - invoices - acme inc., goods and services - IT
consulting - data hub LLC, infrastructure project files - railroad project -
Lamy station upgrade, etc.). These additional descriptors will assist with the
accessibility of the records.
F.
Upon storage or disposition, public records shall be classified according to
content and retained at a minimum for the length of time specified in the
records retention and disposition schedule.
G. For guidance on electronic messaging,
refer to 1.13.4 NMAC.
H. For
guidance on the destruction of non-record material, refer to 1.13.30
NMAC.
I. Records classifications
related to the legislative branch of government provided herein are applicable
for legislative agencies that utilize the records center services and permanent
archival repository.
J.
Non-scheduled public records created by an agency in pursuance of law or in
connection with the transaction of public business shall have a retention
period of permanent until such time the non-scheduled record has been scheduled
and a retention period adhering to operational, legal, fiscal, historical or
other purposes is established.
K.
For guidance on classifying county and municipal records, refer to the records
retention and disposition guidance for counties and municipalities.
L. For guidance on destruction of county
records, refer to Section
14-1-8
NMSA 1978.
M. Classifications that
have a disposition of transfer to archives may be submitted for direct transfer
before the allotted time period specified in the retention with the approval of
the custodial agency and state records administrator.
N. Upon adoption of this rule, records
retained at the records center shall be reclassified according to the new
records classifications for retention and disposition.
O. The official copy of a record may contain
duplicates of other records. If your program requires the submission of
documentation, and your agency is not required to submit this documentation to
another agency for additional or final processing, your agency is the keeper of
the official copy of record.
P.
Records transferred to the state archives will be reviewed for final
disposition.
Notes
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