Records Retention Bylaw Basics - New South Memphis
In New South Memphis, Tennessee, public offices follow municipal and state guidance for record retention to ensure legal compliance, transparency, and historical preservation. This guide summarizes the basics of adopting and following a records retention schedule, identifies the offices typically responsible for retention and public requests, and explains practical steps for compliance. For local retention schedules and program details, consult the City of Memphis Records Management page and the Tennessee State Library & Archives guidance cited below City of Memphis Records Management[1] and Tennessee State Library & Archives - Local Government Records[2].
Penalties & Enforcement
Local retention schedules describe how long categories of records must be kept; enforcement of retention rules varies by jurisdiction. The City of Memphis Records Management page outlines retention programs but does not list penalty amounts or automated fines for noncompliance on that page, so specific municipal fines are not specified on the cited page.
- Fines: not specified on the cited page.
- Enforcer: typically the City Clerk or Records Management Officer, with oversight from the municipal legal department or city attorney.
- Inspection and complaints: public records complaints or alleged unlawful destruction are reported to the City Clerk's office or the records program.
- Appeals/review: appeals and administrative review routes are usually through the city administrative appeal procedures or by filing a complaint in the appropriate court; specific time limits are not specified on the cited page.
- Non-monetary sanctions: may include orders to preserve or restore records, administrative directives, or referral to courts for injunctive relief; the cited municipal page does not enumerate exact remedies.
Applications & Forms
The City of Memphis typically publishes a public records request procedure and any applicable request form via the City Clerk; fees for copies or production may be listed with the request instructions but are not specified on the cited records-management page. If no specific municipal form is required, requests can often be submitted in writing to the City Clerk or via the city's public records portal.
Creating and Using a Records Retention Schedule
A practical retention schedule groups records by function (finance, personnel, permitting, planning, police, utilities) and assigns retention periods and final disposition actions (destroy, archive, transfer to archives). Implement schedules through policy, staff training, and appointed retention custodians.
- Define categories and retention triggers (e.g., fiscal year end, employment termination).
- Document authorized dispositions and obtain legal review for sensitive records.
- Adopt procedures for secure digital storage, backup, and access controls.
- Designate a Records Management Officer or contact in the City Clerk's office for questions.
FAQ
- What is a records retention schedule?
- A records retention schedule is an official list that categorizes government records and sets how long each category must be kept and the final disposition method.
- Who is responsible for retention in New South Memphis?
- The City Clerk and the municipal records management program are typically responsible; the City of Memphis publishes program details on its records page.
- How do I request public records?
- Submit a public records request following the City Clerk's published procedure or form; check the City of Memphis public records instructions for submission methods and any fees.
How-To
- Identify the record series in your office and match each to the municipal retention schedule.
- Label records with retention start dates and set calendar reminders for review or disposition.
- For public record requests, gather responsive records and follow the City Clerk's production and fee procedures.
- If records are lost or destroyed, report immediately to the Records Management Officer and seek legal advice if required.
Key Takeaways
- Retention schedules are function-based and mandatory for compliance.
- The City Clerk or records officer is the primary contact for New South Memphis records issues.
- Document retention triggers and schedule dispositions in writing.
Help and Support / Resources
- City of Memphis Records Management (City Clerk)
- City of Memphis Public Records Request
- Tennessee State Library & Archives - Local Government Records
- Shelby County Archives & Records