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Managing Records: Schedule MI-1

Records Retention and Disposition Schedule MI-1

HERITAGE AREA (URBAN CULTURAL PARK)

 

*1.[725]

Management plan for heritage area (urban cultural park), created pursuant to Section 35.05, Parks, Recreation and Historic Preservation Law, including description of boundaries of park area, inventory and designation of cultural resources, statement of goals and objectives, identification of types of park uses, identification of properties for potential acquisition, description of exhibits and programs to be undertaken, economic assessment of the park's cost and benefits, description of techniques for preservation of cultural resources, description of organizational structure and schedule for park planning, development and management and state-issued approval

 
  a. Final management plan: PERMANENT
 

b. Background materials and supporting documentation, including copies of "early action" grant files:

NOTE: Appraise these records for historical significance prior to disposition. Some of the records these files may have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years
*2.[726] Application for heritage area (urban cultural park) designation submitted to State Office of Parks, Recreation and Historic Preservation, including response and related correspondence: PERMANENT
*3.[727] Visitor center records  
  a. Proposals, plans and drawings, feasibility studies and real property records: PERMANENT
  b. Visitors registers and patron usage records: 3 years
*4.[728] Walking and other tour files  
 

a. Maps, brochures, photographs and background research files:

NOTE: Appraise these records for historical significance prior to disposition. Some maps, brochures and photographs may have continuing value for architectural, historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years after tour discontinued
  b. Notes, correspondence, memoranda, lists of participants and other routine records: 1 year
*5.[729] Exhibit file documenting planning, construction, and use of exhibit, including but not limited to installation photographs and slides, sketches, worksheets, publicity, brochures, exhibit catalogs, inventory lists, loan agreements and visitor surveys  
  a. Brochures, exhibit catalogs, installation photographs and slides, and inventory lists: PERMANENT
 

b. All other records:

NOTE: Appraise these records for historical significance prior to disposition. Some of these records may have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years after exhibit closed
*6.[730]

Special event file, including but not limited to official copy of any program or promotional literature, or significant photographs of events, and background materials and supporting documentation:

NOTE: Appraise these records for historical significance prior to disposition. Some of the records these files may have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years

 

HUMAN RIGHTS/ECONOMIC OPPORTUNITY

 

*1.[244]

Individual complaint or problem case file of human rights, economic opportunity, equal employment, community relations or similar function, including individual case summary record

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently. Local governments should consider permanent retention of significant cases handled at the local level. Contact the State Archives for additional advice in this area.

 
 

a. For case handled at local level (includes cases referred to New York State Division of Human Rights but returned to local agency for adjudication):

6 years after last entry
 

b. For case referred to New York State Division of Human Rights:

NOTE: Agencies may wish to retain records covered by parts "a" and "b" of this item beyond the minimum retention period for use in establishing patterns of complaints and for investigating and resolving future complaints. For records of affirmative action cases involving local government employees, see item no. 317c in the Personnel/Civil Service section, Personnel subsection.

2 years after last entry
2.[245] Summary record for individual case and/or master summary record of all cases: PERMANENT
*3.[731]

Periodic statistical or narrative activity or progress reports on human rights or economic opportunity office activities:

NOTE: Appraise these records for historical significance prior to disposition. Periodic reports containing summary information not found in annual reports may have continuing value for historical or other research and should be retained permanently.

6 years


INSURANCE

NOTE: Proof of liability insurance coverage must be retained longer for solid waste management facilities. See item no. 192 in the Environmental Health section.

 

*1.[246]

Insurance (including self-insurance) case records, except workers' compensation case record, including but not limited to notice of claim, copies of filed court documents, accident reports, medical reports, motor vehicle reports, appraisal report, copy of check, correspondence, and other supporting documentation:

NOTE: The local government may wish to retain the release longer for convenience of reference. Proof of liability insurance coverage must be retained longer to cover claims relating to exposure to asbestos and other toxic substances. Consult your counsel or attorney to ensure that insurance policies and other appropriate documentation are retained as long as needed.

6 years after claim closed, but not until any minor reaches age 21, whichever is later
*2.[247] Workers' compensation case records (including Volunteer Firefighters Benefit Law) case records  
  a. If claim allowed: 18 years after injury or illness, but not less than 8 years after last payment
 

b. If claim disallowed after trial, or case otherwise disposed of without an award after the parties have been given due notice:

NOTE: The employee injury record must be retained for 18 years after date of accident or injury, as required by Section 110, Workers' Compensation Law, even for disallowed claims. See item no. 741 in the Personnel/Civil Service section.

7 years after injury or illness
*3.[248] Master summary record (log or register), of all (including workers' compensation) claims: 0 after all claims and/or cases listed in master summary record have been disposed of
*4.[249] Insurance policy covering fire, theft, property damage, personal injury liability, general liability, insurance of life or property, when no outstanding claims are involved: 6 years after expiration, or until the report on examination is filed, whichever is later
5.[250] Workers' compensation and employer's liability insurance policy, when no outstanding claims are involved: 18 years after expiration
6.[251] Title insurance policy, when no outstanding claims are involved: 20 years after expiration
*7.[252]

Certificate of insurance certifying as to name of insured, type of insurance, limits of liability, date of expiration and policy number, when no outstanding claim is involved, except a certificate of insurance certifying as to a security bond or undertaking:

NOTE: For the exceptions mentioned above, see item no. 326 in the Personnel/Civil Service section, item no. 596 in the Building and Property Regulation section, item no. 220 in the Fiscal section, item no. 192 in the Environmental Health section and item no. 415 in the Public Property and Equipment section.

6 years after expiration
8.[253] Insurance appraisal and/or survey: 0 after superseded or obsolete

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LIBRARY/LIBRARY SYSTEM

 

1.[254]

Incorporation, chartering and registration records:

PERMANENT
*2.[255]

Accession records:

NOTE: Some libraries accession manuscripts, rare books and special collections, but not their general library holdings. In these cases, the accession records need to be retained only for the kinds of materials still accessioned.

1 year after accessioning procedure becomes obsolete
*3.[256] Informational copies of records prepared by and received from public library system, including but not limited to directories, minutes, budgets and reports: 0 after superseded or obsolete
4.[257] Borrowing or loaning records, including interlibrary loan: 0 after no longer needed
*5.[258] Catalog of holdings  
  a. Manuscript or published catalog: PERMANENT
  b. Continuously updated catalog: 0 after superseded or obsolete
6.[259] Individual title purchase requisition which has been filled or found to be unfillable: 1 year
*7.[260] Records documenting selection of books and other library materials: 0 after no longer needed
*8.[261]

Library material censorship and complaint records, including evaluations by staff, patrons' complaints and record of final decision:

NOTE: Appraise these records for historical significance prior to disposition. Some library censorship records deal with serious constitutional issues and may have value for future research.

6 years after last entry
9.[262] Patron's registration for use of rare, valuable or restricted non-circulating materials: 6 years

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LOCAL DEVELOPMENT CORPORATION

 

1.[263]

Business/industry loan case file, including but not limited to loan application and evaluation, status reports, records of loan payments, tax abatement and exemption records, feasibility studies and correspondence:

6 years after denial of application or 10 years after final payment on loan
2.[264] Master summary record (log or register) documenting contacts and inquiries and resulting responses and actions taken by agency personnel: PERMANENT
3.[265] Business/industry Small Business Administration (S.B.A.) loan case file, including but not limited to loan application and evaluation, status reports, records of loan payments, tax abatement and exemption records, feasibility studies and correspondence with the S.B.A.: 6 years after denial of application or 10 years after final payment on loan
4.[266] Business consultation services case file, where no loan is applied for from or through the local development corporation, but other services are provided: 3 years after date of most recent entry in record
5.[267] Business or other client inquiry and/or referral, where no substantive services are performed by local development corporation: 1 year
6.[268] Small Business Administration (S.B.A.) certification records, including certificate, application for certification and decertification records: PERMANENT
7.[269] Annual financial and narrative reports submitted to the Small Business Administration (S.B.A.): PERMANENT
8.[270] Monthly or other periodic reports on loan status:
1 year after superseded or obsolete
9.[271] Organizational and establishment records, including certificate of incorporation, constitution and bylaws: PERMANENT
10.[272] Election records, for election of board members and/or officers  
  a. Election results: PERMANENT
 

b. Ballots, nominations, tabulations and other election records:

1 year after election
11.[273] Membership records  
  a. Lists of members: PERMANENT
  b. Records of dues collection and receipt (if applicable): 6 years
 

c. Other membership records, including applications for membership, lists of prospective members and membership notices:

0 after superseded or obsolete
12.[274] Federal and state tax exemption records, including copy of application: PERMANENT
13.[275] Dissolution records, including records of distribution of assets: PERMANENT
*14.[732] Income tax filing and charitable reporting records of local development corporation  
  a. Copies of federal income tax returns and related records: 6 years
 

b. Registration as a charity filed with New York State Office of Attorney General:

6 years after no longer in effect
  c. Annual reports on the solicitation and collection of funds for charitable purposes, filed with New York State Office of Attorney General and Department of State: 6 years

 

MISCELLANEOUS

 

*1.[276]

Ombudsman/referral service records covering citizen complaint services, landlord/tenant advisory services, job placement consultation, handicapped person's assistance, and related services, including but not limited to log or master index, copies of complaints, intakes and referrals, and individual case file materials

 
  a. Relating to other than routine services or activities: 6 years after final disposition of matter
  b. Relating to routine services or activities: 1 year after final disposition of matter
*2.[277]

Noise level monitoring records, including but not limited to summary records, showing long-term trends and developments and original entry and intermediary records, including charts, graphs and statistics:

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently. Local governments should consider permanent retention of summary records, showing long-term trends and developments, in cases where noise levels are a matter of public concern. Contact the State Archives for additional advice in this area.

6 years
3.[280] Governmental establishment and reorganization records, covering establishment, incorporation, annexation, consolidation, dissolution or charter revision, for political subdivision, including but not limited to petitions, special studies and surveys, correspondence with state agencies, records of voter action and reports: PERMANENT
4.[281] Census records of all regular and special local, New York state and federal censuses: PERMANENT
**5.[906] Annual financial disclosure statements, filed by local political party official or candidate for local elected office, pursuant to Section 812.1 (a), General Municipal Law: 7 years
*6.[733] Financial or political interest disclosure records, filed by vendor or contractor doing business with the local government: 6 years
*7.[282] Minority- and women-owned business files, covering minority- and women-owned businesses doing business with or in the jurisdiction of a local government  
  a. Summary record listing businesses, eligibility criteria and official government policy statement: PERMANENT
 

b. Detailed application/questionnaire/response completed by business:

NOTE: Appraise these records for historical significance prior to disposition. If the local government uses its own rather than statewide criteria for approving these businesses, then these records may document minority- and women-owned business operating in the community.

5 years after date of most recent entry in record
  c. Directory of state-approved minority- and women-owned businesses, supplied by State Department of Economic Development: 0 after superseded
  d. Other records, including job quotes, bid lists, referrals, credit and character references and affidavits, but not including summary record, detailed application/questionnaire/response, eligibility criteria and official government policy statement, and state-supplied directory of businesses: 6 years after contract expiration
*8.[283]

Record of gifts and bequests to a local government, including copy of will, copies of deeds, maps and surveys (if applicable) and records of establishment of and use of monies generated by trust fund or endowment

NOTE: This does not apply to donations of real property, which are covered by item no. 412 in the Public Property and Equipment section.

 
  a. When trust fund or endowment is involved: PERMANENT
  b. For gift of work of art, historical or other artifact or historical manuscript: PERMANENT
  c. For gift or bequest not covered under parts "a" or "b", or by note above: 6 years
*9.[734] Community service records, showing time worked and type of tasks performed by person sentenced by court to community service: 6 years, or 3 years after individual attains age 18, whichever is longer
**10.[735]

Miscellaneous non-government records, received by local government:

NOTE: Appraise these records for historical significance prior to disposition. Records which document the history of the community and its citizens may have continuing value for historical or other research and should be retained permanently. These records may contain valuable information which supplements records created by the local government itself. Records not retained permanently may be offered to a local historical records repository. Contact the State Archives for additional advice.

NOTE: Upon the receipt of these non-public records by a local government, these records become "local government records." Published materials received by a local government are not considered to be public records.

0 after no longer needed
*11.[736]

Photographs or other visual media records, created by a local government, which are not part of a record series listed elsewhere in this Schedule:

NOTE: Appraise these records for historical significance prior to disposition. Some photographs and other visual media records may have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

0 after no longer needed
*12.[737]

Child abuse or maltreatment reports and related records, reporting agency copy:

NOTE: This item covers copies of child abuse and maltreatment reports and related records retained by agencies reporting suspected abuse and maltreatment to the State Central Register or to child protective services units of county social services departments. Reporting agencies may be in such areas as education, youth services and recreation. Reporting copies maintained by law enforcement agencies are covered by item no. 473 in the Public Safety section.

3 years
*13.[738] Lobbying activity records, including but not limited to registration records, individual reporter designation records, and periodic reports of lobbying activity filed with New York Temporary State Commission on Lobbying: 3 years
*14.[739] Project review records, covering projects requiring approval by the Adirondack Park Agency, Lake George Commission, or other government entity or agency, where local government receives records for comment or review, or for informational purposes  
  a. When permit or other approval must be granted by local government involved: Retain as long as related building, land use, planning, zoning, or environmental permit or approval records covered elsewhere in this schedule.
 

b. When no permit or approval by local government is needed, and records are received for comment or informational purposes only:

3 years after date of most recent entry
**15.[907] Child day care program records  
  a. Participant records, including applications to attend day care program; children’s immunization and health records, including parent’s consents for emergency medical treatment; and related records: 3 years after child attains age 18
  b. Program records not covered by other items on this Schedule, including those required to be maintained by 18 NYCRR Sections 414.15, 418-1.15 and 418-2.15, including program registration records; video surveillance tapes; daily attendance records; staff health statements; Statewide Central Register clearance forms and related records; documentation of facility compliance with Uniform Fire Prevention and Building Code and other state requirements; description of program activities; and related records: 6 years or 6 years after superseded or obsolete, whichever is longer
  c. Applications from parent/guardian for enrollment of child in program, where child is not accepted or is not enrolled in program: 3 years

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MUSEUM

 

*1.[284]

Exhibit file documenting planning, construction, and use of exhibit, including but not limited to installation photographs and slides, sketches, worksheets, publicity, brochures, exhibit catalogs, inventory lists, loan agreements and visitor surveys

 
  a. Brochures, exhibit catalogs, installation photographs and slides, and inventory lists: PERMANENT
 

b. All other records:

NOTE: Appraise these records for historical significance prior to disposition. Some of these records may have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years after exhibit closed
*2.[285] Collections records documenting acquisition, accession, deaccession, loan, conservation, and use of materials, including but not limited to accession register, loan agreement, inventory of collection and conservation treatment record  
  a. Routine records, including but not limited to notes and internal memoranda: 1 year
  b. All other collections records: PERMANENT

 

OFF-TRACK BETTING CORPORATION

 

*1.[286]

Daily activity folders

 
 

a. Betting parlor daily folder, including but not limited to daily branch settlement sheet, selling-cashing settlement sheets, worksheets, telephone betting deposit and withdrawal slips, reports of track conditions and report of scratches:

90 days after release of New York State Racing and Wagering Board's audit report, or 3 years, whichever is shorter
  b. Corporation headquarters daily folder, including but not limited to daily branch settlement sheets from parlors, worksheets and summary of daily activity:
90 days after release of State Comptroller's audit report, or 6 years, whichever is shorter
*2.[287] Paid or canceled bet tickets:
90 days after release of New York State Racing and Wagering Board's audit report, or 3 years, whichever is shorter
3.[288] Reports submitted to New York State Racing and Wagering Board  
  a. Annual report: PERMANENT
  b. Daily, weekly, monthly or other periodic report, including reports of any variance from normal operations: 3 years
4.[289] Reports and other records submitted to New York State Department of Taxation and Finance  
  a. Tax returns or tax transmittal reports: 6 years
  b. Daily report on total handle and tax payable: 3 years
  c. Report and transmittal notice for unclaimed winning tickets: 6 years
*5.[290] Wagering reports and statements, created for internal administrative purposes  
 

a. Reports and statements relating to telephone betting:

90 days after release of State Comptroller's audit report, or 6 years, whichever is shorter
  b. Reports and statements not relating to telephone betting, including but not limited to offline ticket report, "settle report," daily activity report and daily terminal activity report: 90 days after release of New York State Racing and Wagering Board's audit report, or 3 years, whichever is shorter, but not less than 1 year after superseded or obsolete
*6.[740] Lottery ticket sales records, covering sales of state lottery tickets by off-track betting corporations  
 

a. Monthly, annual or other summary records of ticket sales:

6 years
  b. Daily and weekly cashed ticket validation records: 2 years
 

c. Cashed winning tickets:

NOTE: The Division of the Lottery requests that cashed winning tickets be destroyed immediately upon validation, so that they no longer could be considered negotiable.

0
**7.[908] Report of winnings submitted to Internal Revenue Service (Form W-2G or equivalent): 5 years
**8.[909] Video lottery gaming records, including related Off-Track Betting Corporation (OTB) records which are created, received or maintained by an OTB in its capacity as a video lottery gaming agent

NOTE: The New York State Division of the Lottery, in Section 2836-2.3 of 21NYCRR, prescribes minimum retention periods for certain records of video lottery gaming agents as well as procedures that an OTB must follow to receive authorization to destroy those records. An OTB subject to Division of the Lottery requirements for its video lottery operations must meet both the minimum retention periods indicated in Section 2836-2.3 as well as minimum retention periods established in Schedule MI-1. Any records for which the Division of the Lottery approves destruction after periods shorter than those indicated in Section 2836-2.3 must continue to meet the minimum retention periods established by Schedule MI-1.

NOTE: The Division of the Lottery requires that video lottery gaming agents proposing to destroy records specified in Section 2836-2.3 must notify the Division in writing at least 15 days prior to the scheduled destruction of any original record. The Division may prohibit such destruction within 15 days of receiving that notice of destruction. However, Division regulations exempt certain records from this requirement for prior notification of planned records destruction. Consult the Division’s regulations or contact the Division for specific information on its requirements.

NOTE: Schedule MI-1 authorizes the destruction of any original records which have been duplicated on microfilm or other media, subject to requirements of Section 57.29 of Arts and Cultural Affairs Law and State Archives procedures. The destruction of such original records maintained by an OTB pertinent to video lottery gaming operations also requires written notification to the Division of the Lottery as indicated in the second Note, above, and approval from the Division of the microfilm or other media system used to copy and store the records.

NOTE: Some provisions of Section 2836-2.3 establish retention periods less than or equal to the periods required by items in Schedule MI-1. Other provisions require certain records to be retained “indefinitely” without a specified retention period. Destruction of both of these categories of records requires approval of the Division of the Lottery as indicated in the second and third Notes, above. Other provisions of Section 2836-2.3 authorize destruction of certain records after no required minimum retention period and without prior notification to the Division of the Lottery of the intended destruction. The Division of the Lottery is also able to approve requests to destroy additional types of records after no Division-required minimum retention period and without need for prior notification to the Division of intended records destruction. However, in all of these circumstances, Schedule users must continue to meet retention requirements established by Schedule MI-1. Schedule users should consult this Schedule for the required minimum retention periods for specific records.

NOTE: The following parts indicate those records which are not otherwise covered by Schedule MI-1 items or for which Section 2836-2.3 requires lengthier retention periods than are required by Schedule MI-1 items. Because some of the following parts cover broad categories of records, Schedule users should refer to the General, Fiscal and other sections of this Schedule to determine if specific records within those broad categories have retention periods greater than that indicated for the part. Records with longer retention periods should be retained for additional periods as specified by the applicable Schedule items. In the event that the Division of the Lottery approves a request from an OTB to reduce any of the following retention requirements, the OTB must continue to meet any minimum retention requirements for those records as specified by other items in this Schedule.
 
  a. Video lottery gaming-related records not specified in part “b,” including records concerning gaming-related vendors; and any other original record not otherwise listed in Section 2836-2.3 or approved for destruction pursuant to its procedures: 5 years
  b. Cage documents, documentation supporting the calculation of video lottery terminal win, and records related to tax reporting and withholding: 4 years after the date of the actual filing of the gross revenue tax return for the tax year in which the record was generated
  c. Payroll records, marketing department records, credit union records, copies of arrest reports, and patron gaming records:

NOTE: Schedule users should note that the Fiscal section, Payroll subsection of this Schedule covers numerous types of payroll records, including many records with retention requirements greater than 3 years as well as other records with retention requirements less than 3 years. Any payroll records with retention requirements greater than 3 years should be retained for those longer periods.
3 years
  d. Mailroom records, advertising records, video gaming department daily activity logs, and any other records, other than those listed in Section 2836-2.3(c)(4), which contain information duplicative or less than that recorded on other documents listed in Section 2836-2.3(c)(1) through (c)(4): 1 year

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PERSONNEL/CIVIL SERVICE

PERSONNEL

 

*1.[310]

Personnel records of local government employees (includes volunteers and interns)

 
  a. Master summary record from personnel case file, including but not limited to age, dates of employment, job titles and civil service status:

PERMANENT

 

 

b. Personnel case file materials, except summary information record, and including but not limited to application for employment, resume, report of personnel change, evaluation, civil service examination results, notice of resignation or termination, and correspondence:

NOTE: Reports of personnel changes may be included in personnel case files, in which case they are subject to the indicated minimum retention period. Other copies of these reports are maintained by other offices and are covered by item no. 332, below.

6 years after termination of employment
*2.[311]

Investigative records and disciplinary proceedings, including but not limited to statement of charge, transcript of hearing, notice of decision, letter of termination or resignation, letter of reinstatement, record of appeal procedure, and correspondence:

NOTE: Records covered by this item may be destroyed before this retention period has been reached, if specified either in a union contract or settlement between the employer and employee.

NOTE: Affirmative action and related complaints may be covered by item no. 317c, below.

3 years after final decision rendered
3.[312] Employee's time records covering leave, absences, hours worked and scheduling, and including but not limited to employee's time cards or sheets, request for change of work schedule, vacation schedule, report of absence and request for leave without pay: 6 years
*4.[313] Annual or other financial disclosure statements, filed by local government employees or officials, pursuant to Section 812.1 (a), General Municipal Law, or local law: 7 years
**5.[314] Employee training history records documenting employee continuing education, training and development, including employee identification, training received, dates of training, and related records:

NOTE: Additional records providing detailed information on training history can be destroyed when no longer needed, provided that summary records are retained for the indicated retention period. For retention requirements for specific types of employee training history records, see specific items in this Schedule.
6 years after termination of employment
*6.[315]

Administrative organization chart and related records showing administrative and supervisory organization:

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently. Contact the State Archives for additional advice.

0 after superseded or obsolete
*7.[316] Identification card records, when card is issued to local public employee: 6 months after becoming invalid
*8.[317] Equal employment opportunity report and related records  
  a. Annual, long-term or special (narrative or statistical) reports, goals and achievements: PERMANENT
  b. Periodic reports, statistics and other records used in compiling annual, long-term or special (narrative or statistical) reports, goals and achievements: 1 year
 

c. Affirmative action and related complaint investigation records:

NOTE: Agencies may wish to retain records covered by part "c" of this item beyond the minimum retention period for use in establishing patterns of complaints and for investigating and resolving future complaints.

3 years after date of final determination
*9.[318] Health and life insurance records  
  a. For employee with or without dependent survivor: 3 years after termination of employee's or dependent survivor's coverage, whichever is later
  b. Claim for benefits (copy, where original is submitted directly by employee): 1 year
  c. Health and life insurance coverage reports: 6 years
  d. Declination statement filed by employee: 6 years after separation from service
10.[319] Unemployment insurance records  
  a. Claim filed by employee, when claim is approved: 6 years after final payment
  b. Claim filed by employee, when claim is disqualified: 3 years after filing
  c. Claim payment reports: 6 years
*11.[320] Labor-management meeting records, including minutes of meeting, agenda, reports, and correspondence  
  a. Minutes and reports: PERMANENT
  b. Meeting agenda, correspondence, and other records: 6 years
*12.[321] Public employee contract negotiations records, including but not limited to proposals, summary of proceedings, copies of salary schedules and contracts, P.E.R.B. fact-finding report, and correspondence  
  a. All documentation in record, except routine correspondence, routine memoranda and drafts: PERMANENT
  b. Routine correspondence, routine memoranda and drafts: 1 year
*13.[322] Job action records documenting strikes, work stoppages, informational picketing and other job actions conducted by local government employees, including but not limited to correspondence and memoranda, press clippings, copies of notices of violation, detailed and summary records of employees' participation, and penalties levied upon participants  
  a. All documentation in record, except detailed listings of all employees present at various events and other records lacking substantive informational value: PERMANENT
  b. Detailed listings of all employees present at various events, and other records lacking substantive informational value: 6 years
*14.[323] Public employee grievance records, including but not limited to grievance, investigative records, hearing proceedings, decision rendered by employer, employee appeal, records of arbitration procedure, final decision, and correspondence: 3 years after grievance is resolved
*15.[324] On-site safety inspection records, including individual inspections and summary of findings: 3 years after last entry
*16.[325] Toxic substance exposure records  
 

a. Records of exposure or possible exposure of an employee to a toxic substance or other harmful physical agent, including background data to environmental monitoring or measuring, biological monitoring records which are designated as exposure records, material safety data sheets or chemical inventory records indicating use and identity of a toxic substance or harmful physical agent, and related records:

NOTE: Environmental monitoring background data may be destroyed after 1 year provided that sampling results, methodology, a description of the analytical method used, and a summary of other background data relevant to the interpretation of results are retained for at least 30 years, as provided in 29CFR 1910.1020 (d-1) (ii-A).

30 years
  b. Lists, or material safety data sheets, of toxic substances present in the workplace and of employees who handle those substances: 40 years after superseded or obsolete
 

c. Material safety data sheet or fact sheet, providing detailed information on specific toxic or other substance at workplace, when not used for parts "a" or "b", above, as the list of toxic substances (as defined in 29CFR 1910, Subpart Z) in the workplace or for substances not defined in 29CFR 1910, Subpart Z as being toxic:

NOTE: If material safety data sheets or fact sheets are used for parts "a" or "b", above, as the list of toxic substances (as defined in 29CFR 1910, Subpart Z) in the workplace, then those sheets should be maintained for the time periods indicated by parts "a" or "b".

3 years after substance no longer present at workplace
 

d. Training records covering training of individual employee in handling toxic substances:

3 years after separation from service
 

e. Summary records of toxic substance training, including but not limited to minutes of meetings and training sessions and summary descriptions of training given employees:

NOTE: This retention may be difficult to calculate in instances where a number of employees have attended the same training. Local officials may wish to retain these summary training records for 60 years or another period sufficient to ensure that all concerned employees have separated from service.

3 years after separation from service of all employees involved
  f. Policy statements and procedures issued by local government relative to dealing with toxic substances: PERMANENT
17.[326] Personal surety bond or undertaking of public official: 20 years after coverage expires
18.[327] Listing or roster of local government officials or employees, including names, addresses, titles and other pertinent information: PERMANENT
19.[328] Oath of office or record of official signature of public employee  
  a. Official copy: PERMANENT
  b. Oath of any election official:

1 year after election
*20.[329]

Log and summary of occupational injuries and illnesses, created pursuant to 12NYCRR, 801.7 and 29CFR, 1904.6:

NOTE: If these records are intended to also satisfy the legal requirements of Section 110, Workers' Compensation Law, and no separate records covered by item no. 741, below, are created, then these records must be retained for 18 years after date of injury or illness.

5 years
*21.[741] Employee injury record, covering work-related accident or occupational disease, created pursuant to Section 110, Workers' Compensation Law: 18 years after date of injury or illness
**22.[330]

Employee medical records concerning exposure to toxic substances or harmful physical agents

NOTE:
This item does not include health insurance records, which are covered by item no. 318, above, or non-medical toxic substance exposure records, which are covered by item no. 325, above.

 
  a. First aid records of one-time treatment and subsequent observation of minor illnesses and injuries, as defined in 29CFR 1910.1020 (d-1) (i-B), if made onsite by a non-physician and maintained separately from the employee medical records: 3 years after completion of treatment and subsequent observation
  b. Medical records, other than those covered by part "a", including medical questionnaires and histories, the results of medical examinations and laboratory tests, medical opinions, diagnoses and recommendations, first aid records, descriptions of treatments and prescriptions, employee medical complaints, and related records, for employee who worked one year or longer: 30 years after termination of employment
 

c. Medical records, other than those covered by part "a", including medical questionnaires and histories, the results of medical examinations and laboratory tests, medical opinions, diagnoses and recommendations, first aid records, descriptions of treatments and prescriptions, employee medical complaints, and related records, for employee who worked less than one year, provided copies were given to the employee upon termination of employment, pursuant to 29CFR 1910.1020 (d-1) (i-C):

NOTE: If copies are not given to the employee upon termination of employment, the retention specified in part "b," above, must be followed.

3 years after termination of employment
**23.[910] Employee medical records not related to exposure to toxic substances or harmful physical agents: 3 years after termination of employment
24.[278] Notification of vacancy in office, or filling of vacant position:
0 after position filled or abolished
*25.[742] Drivers' license review records for local government officials, employees or volunteers  
  a. When no action is taken as result of review: 0
  b. When action is taken as result of review: 3 years
*26.[743] Employee attestation of knowledge of code of ethics, staff policy manual or other official policies or procedures: 3 years after superseded or upon termination of employment
*27.[744] Records documenting the specimen collection and testing process, for commercial motor vehicle driver alcohol and drug testing  
  a. Official copy of all policies and procedures, including documentation of the random selection process: PERMANENT
 

b. Quality control records, including calibration records for testing equipment, assuring that testing equipment is operating correctly:

5 years
 

c. Annual statistical and other reports:

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently.

6 years
  d. Other records, including periodic reports and statistics and collection logbooks: 2 years
**28.[745]

Drivers' test results and related records

NOTE: Local governments may want to maintain these records concerning employees for an additional period or include them in the employee’s personnel files, especially when they affect an employee’s job status.

 
  a. Verified positive controlled substance test results or alcohol test results indicating a breath or blood alcohol concentration equal to or greater than 0.02, documentation that individual employee's or job applicant's test was conducted and specimen handled properly, records of dispute of test results by driver, justification for conducting other than random test, records of compliance with Substance Abuse Professional's (SAP's) recommendations, correspondence and related records: 5 years
  b. Negative or canceled control substance test result or alcohol test result indicating a breath or blood alcohol concentration less than 0.02: 1 year
  c. Records relating to an individual employee's or job applicant's refusal to take alcohol or substance abuse test: 5 years
*29.[746] Documentation of other violations of alcohol or substance abuse rules, including results of alcohol or substance abuse tests administered by law enforcement personnel, copies of police reports and medical records: 6 years after termination of employment
*30.[747] Staff training and evaluation records for commercial motor vehicle driver alcohol and drug testing  
  a. Official copy of course syllabus or any local government produced training or advisory publication or videotape: 6 years after superseded
  b. Other training records including lists of attendees, copies of instructors' course or class notes, documentation of instructors' training and proof that employees have received required reading materials: 6 years
**31.[911] Employment Eligibility Verification Form I-9, completed by employee and employer for all employees hired after November 6, 1986, verifying that the individual is eligible to work in the United States, including verification documents attached to the form: 3 years from date of hire or 1 year after employment is terminated, whichever is later
**32.[912] Employee assistance program records  
  a. Reports and statistical compilations: 6 years after date of most recent entry
  b. Program (including course and seminar) and literature files: 1 year after program no longer offered or literature superseded or otherwise obsolete
  c. Employee consultation records: 3 years after date of most recent entry in record

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CIVIL SERVICE

 

*1.[748]

Copy of payroll, or payroll report, submitted to civil service office for certification or approval:

NOTE: Official copy of payroll must be retained for 55 years. See item no. 291 in the Fiscal section.

0 after superseded
*2.[749] Official civil service employee roster card:

PERMANENT

 

*3.[331] Established position record showing a history of each position and names and other pertinent information about persons who occupied it  
  a. If record contains detailed information about the position and persons who occupied it: PERMANENT
 

b. If record only provides lists of names of employees:

NOTE: The official listing or roster of all local government officials or employees, covered by item no. 327, must be retained permanently.

1 year after final entry in record
*4.[332] Report of personnel change, (including employee transfer record), except copy retained in employee's personnel records  
 

a. Copy held by office with official civil service function:

0 after termination of employment, but not less than 6 years
  b. Copy retained by fiscal office, where official civil service copy is maintained by other local government having the official civil service function: 6 years
 

c. Employee transfer record:

NOTE: Reports of personnel changes may also be found in employee personnel records. When filed in an employee personnel record, such copies are subject to lengthier retention requirements. See item no. 310, above.

0 after termination of employment, but not less than 6 years
*5.[333]

Job classification records, including job classification questionnaire, analysis of job duties and request for reclassification:

NOTE: Appraise these records for historical significance prior to disposition. Local governments with official civil service functions should consider permanent retention of these records. Contact the State Archives for additional advice.

1 year after subsequent classification action completed, but not less than 10 years
*6.[334] Official copy of job posting and position duties statement  
  a. When duties of position are described in detail: PERMANENT
  b. When duties of position are not described in detail: 6 years
*7.[335] Personnel requisition made to civil service or personnel office, requesting that vacancy be filled: 0 after obsolete
*8.[336] Civil service eligible list records  
 

a. Official eligible list and certification of eligible list:

20 years after expiration of eligible list
 

b. Certification of eligible list sent to and retained by appointing authority:

3 years after expiration of eligible list
  c. Request for certification of eligible list: 1 year after expiration of eligible list, but not less than 3 years
 

d. Individual's request for reinstatement to eligible list and reply:

1 year after expiration of eligible list, but not less than 3 years
 

e. Eligible list canvass records, including but not limited to precanvass questionnaire and letter of canvass and reply:

6 months after expiration of eligible list, but not less than 3 years
  f. Military record of applicant, when applicant was not hired:
3 years after expiration of eligible list
*9.[337]

Application for employment, including resume, when applicant not hired:

NOTE: When the applicant is hired, the application is retained in or as long as the personnel file. See item no. 310 in the Personnel subsection, above.

3 years
*10.[750]

Recruitment, hiring, interview and selection records, including but not limited to correspondence, reports, selection criteria, interview notes, background check records, rating and ranking forms, evaluations and other records pertaining to the hiring, promotion, demotion, transfer, layoff and termination of employees:

NOTE: This item does not cover personnel records of individual employees. See item no. 310 in the Personnel subsection, above.

3 years after completion of personnel action
*11.[751] Application for examination  
 

a. When eligible list is established:

3 years after expiration of eligible list
  b. When no eligible list is established:
3 years after examination date
  c. Supplemental documentation filed in conjunction with application, including but not limited to student loan statement, credentials and copies of transcripts: 1 year
**12.[339] Civil service examination records and appointment review records  
  a. Civil service examination and announcement (official copy held by office with official civil service function): PERMANENT
 

b. Civil service examination and announcement (other than official copy held by office with official civil service function):

0 after no longer needed
 

c. Candidate identification or admission card:

3 years after date of examination
 

d. Examination preparation, administration, and rating records:

5 years after date of examination
  e. Veteran credit records: 50 years
 

f. Qualifying medical, physical fitness or agility examination report, when person is hired, and worked one year or longer:

30 years after termination of employment
 

g. Qualifying medical, physical fitness or agility examination report, when person is hired, and worked less than one year, provided copies were given to the employee upon termination of employment, pursuant to 29 CFR 1910.1020 (d-1) (i-C):

3 years after termination of employment
 

h. Qualifying medical, physical fitness or agility examination report, when person is not hired:

3 years after date of examination
 

i. Summary listing of examination results:

1 year after date of examination
  j. Notification of examination results mailed to candidate: 3 years
 

k. Examination review records including but not limited to employee request, correspondence, and objection:

3 years after expiration of eligible list
  l. Appointment review records, documenting review of applicant qualifications for non-competitive, temporary or other positions not requiring examinations: 5 years
13.[338] Seniority list ranking employees by length of service: 3 years after superseded or obsolete
*14.[752] Disclosures related to student loan status, received as part of civil service examination application, transmitted to New York State Higher Education Services Corporation, along with transmittal documents: 1 year
*15.[753] Local government requests to State Civil Service Commission for approval of changes in policies or jurisdictional classifications: 3 years after date of last entry in record

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PORT FACILITY

 

*1.[346]

Maps, plans, specifications, drawings and photographs of port facility:

NOTE: Appraise these records for historical significance prior to disposition. Some of these records will have continuing value for historical or other research and should be retained permanently. Contact the State Archives for additional advice.

6 years after facility no longer in use
2.[347]

Master plan, and all supporting documentation for port facility:

PERMANENT

*3.[348]

Tenant legal and reference files

 
 

a. Contract negotiations, contracts, leases and significant correspondence:

NOTE: Appraise these records for historical significance prior to disposition. These records may document the important roles these facilities play in the economic development of the community. In such cases, these records may have continuing value for historical or other research meriting their permanent retention. Contact the State Archives for additional advice.

6 years after expiration, revocation or renewal
  b. Correspondence, including but not limited to complaints about tenants: 6 years
  c. Informational materials, including but not limited to lists of tenant's employees, copies of schedules, brochures and advertising materials: 0 after obsolete

 

PUBLIC ACCESS TO RECORDS

 

*1.[349]

Subject matter list of records held by local government, required under Freedom of Information Law:

6 months after superseded
*2.[350] Listing of officers or employees of local government required by Freedom of Information Law:

6 months after superseded

 

*3.[351] Register or list of applicants seeking access to public records: 6 months
*4.[352] Freedom of Information records request file  
  a. Request for access to public records, when request is granted: 6 months
  b. Request for access to public records, when request is denied, including statement of denial, appeal records, documentation of review and decision: 6 months after final determination
  c. Certificate that record does not exist or cannot be found: 6 months

 

PUBLIC EMPLOYMENT AND TRAINING

 

*1.[353]

Employment and training program file for Job Training Partnership Act, Comprehensive Employment and Training Act (C.E.T.A.), Manpower Development and Training Act, youth employment training, Work Force Investment Act, and other job training programs

 
 

a. Project application, proposal, narrative, evaluation, and annual report:

NOTE: Appraise these records for historical significance prior to disposition. Records with historical value should be retained permanently.

6 years

 

  b. Background material and supporting documentation: 6 years
2.[354] Employment and training program individual participant file, including but not limited to application, work schedule, evaluations, and notice of transition to non-grant employment: 6 years after last entry
3.[355] Denied employment and training enrollment application: 3 years

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PUBLIC HEALTH

GENERAL

 

*1.[356]

Certification, licensing, and accreditation records covering review and approval by state or federal agency or professional review organization, to operate facility or program, to conduct tests, or to perform specified work, including lists of permissible procedures or tests:

7 years after superseded, revoked, or no longer valid
2.[357] Survey, evaluation, and inspection records covering review of facilities and programs by state or federal agency or professional review organization, including but not limited to medical care evaluation and similar studies:

PERMANENT

 

*3.[359]

Appointment records, including slips, return cards, sign-in sheets, and clinic schedules kept by facility or public health program:

NOTE: Appointment records for certain patients may have legal value to supplement patient medical records in documenting services provided to these patients.

0 after obsolete
4.[360] Screening and assessment records and referrals, for persons evaluated but not treated by facility or program: 3 years
*5.[754] Advice and referral records, covering medical, mental health or other information provided to individuals in person or over the telephone, including but not limited to telephone logs and individual call records  
 

a. When person involved is or becomes a patient:

Retain as long as patient case record.
  b. When person involved is not or does not become a patient: 6 months

 

FISCAL

NOTE: Other fiscal records are covered by items on this Schedule found in the Fiscal section.

 

1.[361]

Annual expenditure report or budget submitted to state or federal agency or professional review organization:

PERMANENT
2.[362] Patient's individual financial case record and account

 

 

  a. Individual case record, account card, or ledger card: 7 years after account closed, but not less than 9 years
  b. Individual charge records, posted to case record or card: 7 years
3.[363]

Medicare, Medicaid or insurance carrier claim records, including but not limited to schedule of payments, copy of claim, listing of invalid or rejected claims, vendor payment list, list of claims submitted for payment, and list of checks received:

7 years
4.[364] Insurance and reimbursement related reports, including Medicare/Medicaid cost report and certified uniform financial or statistical report, and all necessary supporting documentation: 9 years
*5.[365] Patient personal property records, including log or register of personal property of patients and receipts and related property records of original entry: 6 years after death or discharge of patient

 

FACILITY AND PATIENT SERVICES

 

1.[366]

Establishment, major alteration, or change of occupancy or use records

 
  a. Records of review and approval of plans, schedule of costs, feasibility studies, plans, specifications and drawings, final report, and significant correspondence:

PERMANENT

 

  b. Memoranda, routine correspondence, and supplemental fiscal documentation: 6 years after last entry
2.[367] Facility committee records  
  a. Minutes of medical staff committees, including but not limited to utilization review committee, joint conference committee or patient care conference: PERMANENT
  b. Records of medical staff committees, excluding minutes, including but not limited to agenda, worksheets and notes: 6 years
  c. Minutes and all other records of facility committee other than medical staff committees, such as dietary services committee or activities committee: 6 years