Policy 3550-1

Funds Management

Records Management and Disposition and Litigation Holds

Reviewed and affirmed by the Board:  1/26/2010
Last Revision: 06/09/26
Original publish date: 
Related policies & regulations:  6441, 6441-1
Legal references:  Neb. Rev. Stat. 84-712 through 84 712.09

 

1. General Standard.  Records should generally be organized, managed, retained and disposed of in accordance with law and the Secretary of State’s schedules for retention and disposition of public records.
2. Records Officer.  The Superintendent has been designated as the records officer of the School District.  Any questions about the type or category of a record or the required retention period for it should be addressed to the records officer or designee.
3. Electronic Records, Messages, and Data. District records may be created, stored, and maintained in paper or electronic format. Electronic records may include, but are not limited to, (a) email and other electronic communications; (b) digital documents and databases; (c) audio and video recordings; and (d) cloud-based and third-party hosted data. Electronic communications, documentation, and data are District records when they relate to District business and will be retained in accordance with the applicable record retention schedules. Due to system storage limitations, certain categories of electronic data (such as surveillance video or system logs) may be retained for shorter periods than other records, unless required to be preserved by law or otherwise determined by the Superintendent or designee. The District will implement reasonable measures to ensure that electronic records remain accessible, retrievable, and secure for the duration of their required retention period.
4. Litigation Holds.  When litigation against the District or its employees is filed or threatened, the District will take all reasonable action to preserve all documents and records that pertain to the issue.  Such action will, in particular, be taken when the litigation may be filed in federal court or otherwise subject to federal rules of discovery.

As soon as the District is made aware of pending or threatened litigation, a litigation hold directive will be issued by the records officer or designee.  The directive will be given to all persons suspected of having records that may pertain to the litigation issue. 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.  E-mail and computer accounts of separated employees that have been placed on a litigation hold will be maintained by the records officer until the hold is released.

Employees who receive notice of a litigation hold are to preserve all records that pertain to the litigation issue.  This includes preserving electronic messages that would otherwise be deleted by the computer system; such messages are to be converted by the recipients of the litigation hold to hard copy (printed) or electronic format which can be retrieved and interpreted (downloaded) for the duration of the litigation hold.

No employee who has been notified of a litigation hold may alter or delete an electronic or other record that falls within the scope of the hold.  Violation of the litigation hold may subject the employee to disciplinary actions, up to and including dismissal, as well as personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.