1000-20 ACCIDENT REPORTS – Reports of accidents to persons on local government property or in any other situation in which a local government could be party to a law suit.

a) Reports of accidents to adults. RETENTION: 5 years.

b) Reports of accidents to minors. RETENTION: 5 years; or 2 years after the minor reaches the age of 18, whichever later.

1000-21 AFFIDAVITS OF PUBLICATION (including any accompanying clipping proofs or tear sheets)

b) Election Notices

1) Notices of election in which candidates for federal office are not involved. RETENTION: 60 days after Election Day. [By law – Election Code, Sections 4.005(d) and 66.058(a).] (Exempt from destruction request requirement)

2) Notices of election in which candidates for federal office are involved. RETENTION: 22 months after Election Day. [By law – Election Code, Sections 4.005(d) and 66.058(a).] (Exempt from destruction request requirement)

c) All other published legal notices. RETENTION: 2 years.

*1000-22 ANNEXATION, DISANNEXATION, ABOLITION, AND OTHER JURISDICTIONAL RECORDS – Records relating to the annexation or disannexation of territory to or from a local government, to its abolition, or to other actions which affect its territorial jurisdiction or service area, including reports, correspondence, records of public hearings, agreements, and similar records. RETENTION: 5 years.

RETENTION NOTES: a) A contract or agreement relating to territorial jurisdiction or the delivery of services between two or more governments (e.g., between a city and a county for fire services in an unincorporated area) must be kept for the retention period in item number 1000-25.

b) Review before disposal; many records of this type may merit permanent retention for historical reasons.

1000-24 COMPLAINTS – Complaints received from the public by a governing body or any officer or employee of a local government relating to government policy. RETENTION: Resolution or dismissal of complaint + 2 years.

RETENTION NOTE: The 2-year retention period applies only to complaints of a general nature that do not fall into a category of complaint noted in this control schedule. For example, complaints from the public about potential fire hazards are listed in Schedule PS and have a longer retention period. Contact the Records Management Officer if in doubt.

1000-25 CONTRACTS, LEASES, AND AGREEMENTS – Contracts, leases, and agreements, including reports, correspondence, performance bonds, and similar records relating to their negotiation, administration, renewal, or termination, except construction contracts (see item number 1075-16). RETENTION: 4 years after the expiration or termination of the instrument according to its term.

1000-26 CORRESPONDENCE AND INTERNAL MEMORANDA (includes incoming and copies of outgoing correspondence and internal correspondence and memoranda).

RETENTION NOTE: The minimum retention period for correspondence or internal memoranda in categories (a) and (b) directly linked to another record series or group listed in this or other commission schedules is that assigned to the other group or series. For example, a letter from an external auditor regarding an audit of a local government’s financial records should be retained for the retention period given under item number 1025-01(e); a letter concerning a workers compensation claim should be retained for the period given under item number 1050-32, etc. The retention periods that follow are for correspondence and internal memoranda that do not readily fall within other record groups.

a) Policy and program development – Correspondence and internal memoranda pertaining to the formulation, planning, implementation, modification, or redefinition of the policies, programs, services, or projects of a local government. RETENTION: 5 years.

RETENTION NOTE: Review before disposal; some correspondence of this type may merit permanent retention for historical reasons.

b) Administrative – Correspondence and internal memoranda pertaining to or arising from the routine administration or operation of the policies, programs, services, and projects of a local government. RETENTION: 2 years.

c) Routine – Correspondence and internal memoranda such as letters of transmittal, requests for publications, internal meeting notices, and similar routine matters. RETENTION: AV (Exempt from destruction request requirement)

1000-27 DEED (including title opinions, abstracts and certificates of title, title insurance, documentation concerning alteration or transfer of title, and similar records evidencing ownership or real property). RETENTION: PERMANENT.

1000-28 EASEMENTS – Documentation relating to easements and rights-of-way for public works or other local government purposes, including releases. RETENTION: PERMANENT.

1000-29 INSURANCE POLICIES – Liability, theft, fire, health, life, automobile, and other policies for local government property and personnel, including supporting documentation relevant to the implementation, modification, renewal, or replacement of policies. RETENTION: 4 years after expiration or termination of the policy according to its terms.

1000-30 LEGAL OPINIONS – Legal opinions rendered by counsel for a local government or the Attorney General, including any written requests for opinions, concerning the governance and administration of a local government. RETENTION: PERMANENT.

1000-31 LITIGATION CASE FILES (including all cases to which a local government is a party unless the case file is of a type noted elsewhere in this or other commission schedules). RETENTION: AV after final disposition of the case. (Exempt from destruction request requirement)

RETENTION NOTE: Review before disposal; some case files may merit permanent retention for historical reasons.

1000-32 MINUTES (STAFF) – Minutes of internal staff meetings. RETENTION: AV. (Exempt from destruction request requirement)

1000-33 NEWS RELEASES. RETENTION: AV. (Exempt from destruction request requirement)

1000-34 OPEN RECORDS REQUESTS – Open records requests, including correspondence and other documentation relating to the request. RETENTION: 1 year after final decision on request. (Exempt from destruction request requirement)

1000-35 ORGANIZATIONAL CHARTS. RETENTION: Until superseded. (Exempt from destruction request requirement)

1000-36 PERMITS AND LICENSES – Records documenting the application for and the issuance of permits and licenses by a local government for sales, solicitation, facility usage, and similar activities. Does not include permits and licenses issued for the construction of or alterations to real property, for those relating to health and sanitation, or for those issued by police or fire departments listed in other commission schedules. RETENTION: Expiration, cancellation, revocation, or denial + 2 years.

1000-37 PHOTOGRAPHS, RECORDINGS, AND OTHER NON-TEXTUAL MEDIA – Photographs, photographic scrapbooks, slides, sound recordings. Videotapes, posters, and other non-textual media that document the history and activities of a local government or any of its departments, programs, or projects except such records noted elsewhere in this or other commission schedules. RETENTION: PERMANENT, but see retention note.

RETENTION NOTE: Most photographs and other non-textual media of the types described must be retained permanently for historical reasons, but latitude is allowed to the records management officer and the custodian of records in a local government to determine to what extent a particular photograph, for example, documents the history and activities of the local government. If it is determined that it does not, it need be kept only as long as administratively valuable. Be certain that photographs and other non-textual media do not fall within other record series. For example, mug shots and photographs of fire damage are listed in Local Schedule PS (Records of Public Safety Agencies) under police and fire department records respectively.

1000-38 POLICY AND PROCEDURE DOCUMENTATION – Executive orders, directives, manuals, and similar documents that establish and define the policies, procedures, rules, and regulations governing the operations or activities of a local government as a whole or any of its departments, programs, services, or projects. RETENTION: Until Superseded + 5 years.

RETENTION NOTE: Review before disposal; some documentation of this type may merit permanent or long-term retention for historical or legal reasons.

1000-39 PUBLICATIONS – Pamphlets, reports, studies, proposals, and similar material printed by or for a local government or any of its departments, subdivisions, or programs and distributed to or intended for distribution to the public on request and departmental or program newsletters designed for internal distribution. RETENTION: One copy of each PERMANENT.

RETENTION NOTE: The following categories of printed material, whether distributed publicly or internally, are exempted from the retention period and may be disposed of at option; (a) educational or soliciative matter provided by charitable or public awareness organizations (e.g., United Way, American Heart Association); and (b) public service leaflets or flyers prepared by a local government or others whose contents are of a general nature and specific to the government distributing them, beyond the inclusion of an address, telephone number, office hours, and similar information (e.g., a flyer detailing water conservation tips sent to customers of a municipal water utility; a pamphlet explaining the appraisal review board process sent to taxpayers by an appraisal district).

1000-40 RECORDS MANAGEMENT RECORDS

a) Records control schedules (including all successive versions of and amendments to schedules). RETENTION: PERMANENT.

b) Records destruction documentation – Records documenting the destruction of records under records control schedules, including requests submitted to the Texas State Library and Archives Commission for authorization to destroy unscheduled records or the originals of permanent records that have been microfilmed. RETENTION: PERMANENT.

c) Records inventories – Lists or inventories of the active and inactive records created or received by a local government. RETENTION: AV. (Exempt from destruction request requirement)

d) Records management plans and policy documents – Plans and similar documents establishing the policies and procedures under which a records management program operates. RETENTION: Until superseded + 5 years.

1000-41 REPORTS AND STUDIES (NON-FISCAL)

a) Annual, sub-annual, or irregularly prepared reports, performance audits, or planning studies submitted to the governing body or chief administrative officer of a local government or by the local government to a state agency, as may be required by law or regulation, on the non-fiscal performance of a department, program, or project or for planning purposes, including those prepared by consultants under contract with a local government, except documents of similar types noted in this or other commission schedules.

1) Annual reports. RETENTION: PERMANENT.

2) Special reports or studies prepared by order or request of the governing body or considered by the governing body (as reflected in its minutes) or ordered or requested by a state agency or a court. RETENTION: PERMANENT.

3) Special reports or studies prepared by order or request of the chief administrative officer. RETENTION: 5 years.

RETENTION NOTE: Review before disposal; many records of this type may merit permanent retention for historical reasons.

4) Monthly, bimonthly, quarterly, or semiannual reports. RETENTION: 3 years

b) Activity reports compiled on a daily or other periodic basis pertaining to workload measures, time studies, number of public contacts, etc., except reports of similar types noted in this or other commission schedules. RETENTION: 1 year. (Exempt from destruction request requirement)

1000-42 WAIVERS OF LIABILITY (including statements signed by volunteers acknowledging non-entitlement to benefits, agreeing to abide by local government policies, etc.). RETENTION: 3 years from date of cessation of activity for which the waiver was signed.