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It doesn’t matter if you’re leaving government service completely; going
from a job in one government agency to a job in another government agency;
or just moving from one job to another job in the same government agency.
It doesn’t matter if you’re a Senior Executive Service office director
around for the duration of a presidential term; a long time career mid-
level branch manager; or an introductory level employee new to the government.
The same rules apply to you. You just can’t arbitrarily take materials
with you when you move from job to job or leave public service. As a matter
of fact, criminal penalties can be placed against you for the unlawful
removal of Federal records.
The Records Disposal Act specifies that records of the U. S. Government
may not be removed or destroyed except as provided under the Act. None
of its provisions permit employees to remove records. In addition, the
Act requires agencies to establish safeguards against the removal or loss
of records— and initiate action to recover unlawfully removed records.
WHAT IS A RECORD?
Records are documentary materials that you create or receive while you
do your job that (1) provide evidence of the agency’s organization, functions,
policies, decisions, procedures, and operations, or (2) contain information
of value. Records may be in paper, film, tape, disk, or other physical
form. They may be generated manually, electronically, or by other means.
WHAT IS NOT A RECORD?
Materials such as library or museum materials used solely for reference
and exhibit purposes, extra copies of records kept for convenience of reference,
and stocks of publications and processed documents are not records— they,
however, do belong to and are controlled by the government.
WHAT ARE PERSONAL PAPERS?
Personal papers are documentary materials that are not used to conduct
agency business. They include the following categories of material:
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Papers created before entering the government service: previous work files;
political materials; reference files
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Private papers brought into, created, or received in the office: family
and personal correspondence; materials documenting professional activities,
outside business, or political pursuits; manuscripts, drafts for books
and articles; volunteer and community service records
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Work– related papers: diaries, journals, notes, personal calendars and
appointment schedules even though they may contain work related information
if used as reminders or personal observations on work related topics and
not for the transaction of government business
HOW SHOULD I HANDLE PERSONAL PAPERS?
According to government record keeping practices you should file them separately
from agency records and clearly label them as personal papers. This applies
to electronic documents as well.
I HAVE A CALENDAR I USE TO RECORD BOTH MY WORK AND PERSONAL ACTIVITIES...
HOW DO I CLASSIFY IT?
Calendars, appointment books, and journals are difficult to classify because
they often contain both personal and work- related information. You must
review this situation very carefully.
If your calendar was distributed to others for an official purpose it
very well may be a record. Or, if the calendar was placed in an agency
file, it is likely to be an agency record. To avoid this kind of issue,
keep two calendars— one for your personal activities and another to document
work activities.
I HAVE COPIES OF GOVERNMENT RECORDS THAT I USE FOR RESEARCH... CAN I
KEEP THEM
You may keep extra copies of records for convenience of reference in your
office or on your personal computer. You must, however, obtain permission
from the appropriate bureau/ office records officer before you remove any
of these materials for personal use.
I AM RETIRING NEXT MONTH... WHAT SHOULD I DO WITH MY FILES BEFORE I
LEAVE?
ou are free to take records of a purely personal nature with you. You
must, however, incorporate all other materials into your office’s record
keeping system so that they may be accessible to all staff who may need
them.
WHAT ABOUT COPIES OF AN ORIGINAL DOCUMENT... MAY I KEEP THEM?
Determining whether a particular document is a record does not necessarily
depend on whether it is an original or a copy. Multiple copies of the same
document may each have record status if they each serve a separate administrative
purpose and are controlled under different filing systems. Ask before you
take.
HOW ABOUT WORKING PAPERS AND NON-RECORD MATERIALS... MAY I TAKE THEM WITH
ME?
You may, with the appropriate bureau/office records officer’s approval,
take non-record copies of documents— especially materials you drafted,
received, or otherwise acted upon. You should, however, begin retaining
extra copies of such documents at the onset of your job. Even if you haven’t
done so, you may make arrangements to make selected copies prior to your
departure.
In addition, you may take other types of materials that are not records
because they do not meet the definition of records:
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Preliminary drafts not circulated for comment
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Some types of working papers
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Notes
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Other similar items that you would normally dispose of when they are superseded
or no longer needed
I RECEIVED A LETTER FROM A GOVERNMENT OFFICIAL THAT INCLUDES INFORMATION
ABOUT A GOVERNMENT PROJECT WE ARE COLLABORATING ON AND INFORMATION ABOUT
A CHARITY EVENT WE ARE BOTH INVOLVED IN OUTSIDE THE OFFICE... HOW SHOULD
I FILE IT?
When you have a document that contains both official and personal information,
you must copy or extract the information relating to government business
and incorporate it into your agency files. You can then file the document
with your person- al papers.
ARE THERE INSTANCES WHEN MY PERSONAL PAPERS CAN LATER BE DETERMINED TO
BE AGENCY RECORDS?
Yes. Depending on the circumstances surrounding their creation, maintenance
and use, and disposition, personal papers may, when deciding Freedom on
Information (FOIA) cases, be determined to be agency records. “Agency records”
for the purposes of FOIA has a broader definition than found in 44 USC
3301.
MAY BE OK TO TAKE:
Non- record materials
Non- record copies of documents provided that removal won’t:
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Diminish the official record of the agency
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Violate confidentiality required by national security, privacy, or other
interests provided by law
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Exceed normal administrative business economies
WHAT S OK?
Copies of your own personal actions, performance standards, travel vouchers
and similar documents
Materials for your activities as a member of a union or professional
association or Tribal government
A journal of daily events maintained for your personal use that is separate
from the calendar of daily activities you use for your job
Notes taken for your personal use at a training course
Notes taken for your personal use at a meeting that are not circulated
to other staff, and not used in the transaction of government business
WHAT S NOT OK?
Calendars, appointment books, schedules of activities, etc., that record
your activities as a government employee
Drafts, background materials, notes (other than those cited in the example
of personal papers) and other documents prepared in the course of your
assigned duties even though they are not made part of the “official file”
Speeches given or articles written in your capacity as an agency employee
or government official
Notes used to give a briefing to agency staff
IF YOU HAVE ANY QUESTIONS OR NEED HELP TO DETERMINE THE STATUS OF SPECIFIC DOCUMENTS CONTACT THE RELATED BUREAU/ OFFICE REPRESENTATIVE LISTED ON
BELOW.
DOI RECORDS OFFICES
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