Further, if any records were found to be destroyed, the DAO must provide confirmation that prior approval by the Records ConservationBoard for any destruction was received. Conclusion Accordingly, the DAO is to provide Attorney Umphres with a response in compliance with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us.
It should be noted that in accordance with the Massachusetts Statewide Retention Schedule, the DAO is permitted to destroy these types of records once the administrative use has ceased, without receiving. prior approval from the Records ConservationBoard. See Massachusetts Records Retention Schedule, A05-03(b). As such, I find that the DAO has satisfied its obligation to respond to this portion of Mr. Smith's request.
While the Department was only required to retain the records in this record series for one year, it is generally necessary to seek permission from the Records ConservationBoard to destroy records, other than those records that are meant for administrative use. It is unclear whether the Department sought permission from the Board to destroy any of the log records from January 22, 1996 through February 5, 1996.
It is necessary to seek permission from the Records ConservationBoard to destroy records, other than those records that are meant for administrative use. Safeguards must be instituted by the Office to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, 5 8; G. L. c. 66, 5 13; G. L. c. 66, 5 15.
Please note, all municipalities and agencies must institute safeguards to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office and the Records ConservationBoard. G. L. c. 66, 1, 8, 13, 15.
Even with this nairowly based search criteria, the OCME' s RAO Eric Hogberg, Esq. , continued to be evasive, and nonresponsive; several times alluding to my criminal case, where in a letter supplied by the SPR, it was determined that the OCME "destroyed" public documents with neither prior authority from the State Records ConservationBoard, or any statutory allowance. See, enclosed. I.