Records Update, June 2010
- Records Clean Up Days
- Gone But Not Forgotten: Dealing with Paperless Public Records in an Electronic Age
- Financial Policies
- Training Opportunities
- Leg & Reg
- Records in the News
Records Clean Up Days
With the decreased student population and course schedule during the summer months, departments often devote some time to cleaning up offices and records storage areas. If this is in your summer plans, take a look at the Summer 2009 edition of Records Quarterly for some tips on conducting a successful records clean up day.
Gone But Not Forgotten: Dealing with Paperless Public Records in an Electronic Age
Auditor of State Mary Taylor has published the article "Gone But Not Forgotten: Dealing with Paperless Public Records in an Electronic Age" in the Spring 2010 issue of Best Practices. The article discusses e-mail as public records and the importance of establishing and following records retention schedules. It stresses that "It is important to understand that content should be the driving force behind determining whether a record needs to be retained." The article can be accessed at http://www.auditor.state.oh.us/enews/bp/2010/spring/default.htm.
Financial Policies
New financial policy 2.1.8, Small Dollar Invoice Payment, became effective on May 17, 2010 and specifies documentation requirements for University payments made with small dollar invoices. Documentation to be kept at the initiating organizational unit and provided upon request during an audit includes:
- The approved Small Dollar Invoice Authorization Form
- The itemized invoice (original or a copy)
- Any other supporting documentation from the vendor
The retention requirement for purchasing documentation related to an actual purchase is five years following the purchase. The policy can be found at http://www.uc.edu/af/documents/policies/smdollarinvoice.pdf.
Training Opportunities
Three workshops are available to UC departments. Contact Records Management to schedule a workshop at your location. Regularly scheduled sessions will be offered in the fall. Exact dates and registration information will be released closer to the session dates.
Introduction to Records Management
During this workshop we will discuss what benefits you will receive from managing your records, UC’s records program and role as a keeper of public records, the definition of a "record," how to perform records inventories, the development of records retention schedules and proper means of records disposal.
Electronic Records
During this workshop we will discuss the unique characteristics of electronic records that require attention, retention of electronic records, recordkeeping systems, special considerations for websites, databases, and business applications, and disposal of electronic records including transfer to the University Archives.
Managing Email
During this workshop we will discuss how to determine if an email message is a university record, retention of email, the characteristics of UC's email system, managing the inbox, and storage methods.
What training opportunities would you like to see offered?
Leg & Reg
Legislative and Regulatory Affairs Affecting Records and Information Management
Federal
20 States Win Grants For Longitudinal Data Systems
National Center for Education Statistics
The Institute of Education Sciences has awarded grants to 20 state education departments for the design and implementation of statewide longitudinal data systems. Ohio was awarded $5.1 million.
Department of Education amends regulations governing compliance with FOIA
On June 14, the U.S. Department of Education published amendments to 34 CFR Part 5, Availability of Information to the Public in the Federal Register. The amendments reflect changes in the Freedom of Information Act (FOIA) over the years and articulate more clearly how the Department processes FOIA requests. The amendments can be found at http://fdsys.gpo.gov/fdsys/pkg/FR-2010-06-14/pdf/2010-14127.pdf.
State of Ohio
Zanesville v. Rouse, Slip Opinion No. 2010-Ohio-2218
In this case the Supreme Court of Ohio declared "a party “files” by depositing a document with the clerk of court, and then the clerk’s duty is to certify the act of filing. In short, the time or date stamp does not cause the filing, the filing causes the certification."
See the decision at http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-2218.pdf
See also Ohio Supreme Court rules in favor of city in file-stamp case, Zanesville Times Recorder, May 27, 2010
State ex rel. Hubbard v. Fuerst, 2010-Ohio-2489
In this public records case the Court of Appeals of Ohio, Eighth Appellate District, County of Cuyahoga, denied a writ of mandamus ordering the Clerk of Court of Cuyahoga County to turn over jury verdict forms in a common pleas case. The basis of the denial was that the records were not in the possession or control of the Clerk's office and therefore they were not compelled to produce them.
See the decision at http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2010/2010-ohio-2489.pdf
Records in the News
The links to stories provided here were active at the time of publication. News links tend to expire quickly due to Associated Press regulations. Apologies for any dead links.
Ohio, Regional & Local
City legal opts out of handling records requests for prosecutor's office
Indystar.com, May 14, 2010
The city of Indianapolis' law office delivered a surprise to Marion County Prosecutor Carl Brizzi this week: A letter dated Tuesday communicates the Office of Corporation Counsel's refusal to handle public records requests for Brizzi's office any longer because of an undisclosed conflict of interest that is "unavoidable and concurrent."
Ohio lawmakers spent nearly $2M on mailings
Zanesville Times Recorder, May 15, 2010
U.S. House members from Ohio spent close to $2 million in 2009 on taxpayer-funded mass mailings, phone calls and electronic messaging to trumpet their records to constituents, alert them to town hall meetings and seek feedback, a review of House documents shows.
Lancaster City Schools recognized for records
Lancaster Edge Gazette, May 20, 2010
Lancaster City Schools, for the third consecutive year, was recognized by the State Auditor's Office for keeping some of the best financial records in the state.
Judge rules Kentucky New Era entitled to records
Times Leader Online (Princeton and Caldwell County KY), May 23, 2010
A Christian Circuit Court judge has ruled the Kentucky New Era was within its right as a news organization to inspect hundreds of reports relating to threats reported last year to the city’s police department.
Public Safety Attorney Disciplined For Alleged Plot To Leak Documents
10TV.com (Columbus), May 24, 2010
The top attorney for the Ohio Department of Public Safety was demoted and suspended on Monday, after a being accused of plotting to discredit the state's Inspector General. Josh Engel was accused of planning to leak classified documents, 10TV News reported.
See also Department of Public Safety's top lawyer demoted, Columbus Dispatch, May 24, 2010
Gag Order Issued On Detective’s Records
KyPost.com, May 26, 2010
The lead detective in the Widmer case, Hamilton Township Lieutenant Jeff Braley, is disputing information in his personnel file.
Missing records on stolen laptop from Cincinnati Children's Hospital
Cincinnati.com, May 28, 2010
Cincinnati Children's Hospital Medical Center is beefing up its computer security after a laptop computer containing more than 61,000 patient records was stolen.
Anderson Twp. may publish records requesters' names
Cincinnati.com, May 28, 2010
Anderson Township Trustee Russ Jackson has proposed publishing the names of anyone requesting public records on the township's website.
Nortonville [KY] denies open records request
WFIE.com, May 31, 2010
The city council of Nortonville and city attorney John Whitfield have decided to turn down an open records request made by the Hopkins County attorney.
Taylor Releases Audits of Related Cincinnati Charter Schools
Ohio Auditor, June 1, 2010
The related schools, which operated under the same sponsor, had a combined total of $196,579 in findings for recovery due to inaccurate student reporting to the Ohio Department of Education, an improper sublease agreement and inappropriate service payments.
Insurers wooed in records switch
The Columbus Dispatch, June 7, 2010
Ohio officials want insurance companies to help get nearly 7,000 primary-care doctors to switch to electronic medical records by early 2012.
Kentucky's Transparency Website Receives Accolades
WBKO, June 8, 2010
Bowling Green-Warren County Human Rights Commission Executive Director, Linda McCray is a fan of the state's transparency website. Among the things it provides her office is a chance to look at information regarding open state records.
Judge tosses out higher fee for driving records
The Columbus Dispatch, June 9, 2010
Franklin County Common Pleas Judge Richard A. Frye said lawmakers violated the state constitution when they increased the cost of certified abstracts of driving records to $5 from $2.
Disclosure law doesn’t cover misplaced documents
Oxford Press, June 13, 2010
If a government misplaces a pile of documents containing confidential information in a Dumpster, they don’t have to tell anyone. If they lose a password protected laptop computer, state law requires public disclosure within 45 days. That is why Butler County wasn’t required to tell the 10,600 people potentially affected by a security breach in 2008 that their records may have been tossed in a public trash bin — where at least one member of the public saw it — according to the Ohio Attorney General’s Office.
County improperly disposed of documents, told no one
Oxford Press, June 13, 2010
When a mound of Middletown city documents containing people’s private information was found in a public Dumpster this spring, it wasn’t the first — or largest — such security breach by a local government.
Higher Education
Ohio/Local
University of Louisville Foundation adopts conflict, document policies
Courier-Journal.com, June 1, 2010
The policy on keeping documents notes that it is against foundation policy and "may be illegal to alter, cover up, falsify or destroy any document (or persuade someone else to do so) to prevent its use in an official proceeding"
Unemployed being trained on how to automate medical records
kyPost.com, June 3, 2010
Northern Kentucky University is providing electronic medical record training to a group of 18 unemployed residents.
University of Louisville Patient Data Mistakenly Posted Publicly Online
iHealthBeat.com, June 4, 2010
A University of Louisville in Kentucky database containing names, Social Security numbers and medical information on 708 dialysis patients was unintentionally accessible to the public for about 19 months, university officials announced recently, Health Data Management reports.
Nationwide
Data on 3.3 Million Student Loan Borrowers Apparently Safe
Campus Technology, May 14, 2010
Investigators in Minnesota have recovered two stolen safes that contained CDs and floppy discs with personal information on 3.3 million federal student loan borrowers.
U.Va. Seeks Legal Advice on Attorney General's Demand
Inside Higher Ed, May 17, 2020
The University of Virginia has announced that it has retained a law firm to help determine how to handle a request by Kenneth T. Cuccinelli II, the state's attorney general, for documents related to Michael Mann, a former professor of environmental sciences at Virginia whose work has been questioned by skeptics of theories about global warming.
LCCC conceals report criticizing its president
Wyoming Tribune Eagle, May 18, 2010
Laramie County Community College will not release a report about a school-sponsored trip to Costa Rica, saying it would violate a federal law that protects student privacy.
UH 'grossly negligent' for failing to produce records
Honolulu Advisor, May 18, 2010The University of Hawai'i has been "grossly negligent" in producing records relating to a wrongful termination lawsuit filed by a former employee, a federal magistrate ruled yesterday.
Asking Why Records Sealed in Lacrosse Player's Murder Case
WHSV.com, May 19, 2010
Three media companies want to know why they're not being allowed to see public records connected to Yeardley Love's murder.
Academics fight Cuccinelli's call for climate-change records
Pilot Online, May 19, 2010
The ranks of Virginia academics who oppose Attorney General Ken Cuccinelli's demand for records from the University of Virginia related to the climate change research of a former professor have grown.
Automating Data Backups on Campus
Campus Technology, May 20, 2010
The challenges of data integrity and storage on a college campus can be immense. With 30 TB (and growing) of crucial files to keep both backed up and accessible, South Carolina's Furman University is taking on those challenges using a differential process, one that cuts down on the duration of backups and saves on administrative load.
Inside Higer Ed, May 24, 2010
The so-called dependent eligibility audit, after an "amnesty period," requires all employees whose dependents are covered under the health insurance policy to submit documents (such as marriage licenses, birth certificates and tax returns) proving that their spouses and children warrant such coverage.
Cal State fights release of documents on Palin speech
Los Angeles Times, May 24, 2010
The California State University sought dismissal Monday of a lawsuit seeking documents related to a campus fundraising appearance by former Alaska Gov. Sarah Palin, arguing that it has already released more than 3,000 records about the controversial event.
High court declines to hear NCAA appeal in records case
Herald-Tribune (Florida), May 25, 2010
The Florida Supreme Court will not hear the NCAA's case against The Associated Press and other media over records relating to an athletic cheating scandal at Florida State University.
State court: ESU must open records
Pocono Record, May 25, 2010
Donor records relating to scholarships and a signature East Stroudsburg University building must be made available to the Pocono Record, a state court ruled Monday in the most recent turn in a 15-month-long legal battle.
Prosecutors accuse defendants of trying to access president's college-year records
WorldNetDaily, May 24, 2010
Eight of nine former employees of a U.S. Department of Education contractor pleaded "not guilty" today to charges of gaining unauthorized computer access to Barack Obama's student loan records.
Lawmakers question University of Oregon record-keeping on Matthew Knight Arena project
OregonLive.com, May 24, 2010Four hours after legislators in onecommittee questioned university officials on lax record-keeping in the buyout of former athletic director Mike Bellotti, legislators in another committee vented at and questioned other university officials about lax record-keeping on the Matthew Knight Arena project.
U.Va. asked to produce faculty record policy (Opinion)
San Francisco Examiner, May 25, 2010
Chris Horner, counsel for the Competitive Enterprise Institute (CEI), has filed a Freedom of Information Act request for records outlining the University of Virginia’s policies and procedures for maintaining and releasing faculty records.
Commonwealth Court ruling opens records of public university foundation
The Patriot-News, May 25, 2010
Commonwealth Court has ruled that a state university’s private foundation must hand over records requested by a newspaper. The Court found that the East Stroudsburg University Foundation performed some government functions and therefore was obligated to provide records requested by The Pocono Record.
Judge rejects newspaper's request to see documents in Yeardley Love case
The Washington Post, May 26, 2010
An Albermarle County Circuit Court judge on Wednesday rejected an attempt by The Washington Post and three other news organizations to unseal an order that sealed search warrant information in the slaying of University of Virginia lacrosse player Yeardley Love, 22, of Cockeysville.
The Report a College Didn't Want Read
Inside Higher Ed, May 27, 2011
Laramie County District Judge Peter G. Arnold issued a restraining order against the paper last week pending further examination of the case. The college said it worried about violating FERPA and losing access to federal funding, but after reviewing the case, the judge ruled the college’s concerns were “purely speculative and not supported by any evidence before the court.”
U. of Virginia Asks Court to Halt Attorney General's Demand for Documents
The Chronicle of Higher Education, May 27, 2010
In a petition prefaced with lofty language from Thomas Jefferson, lawyers for the University of Virginia asked a state court on Thursday to stay or overturn an "unprecedented" demand by the state's attorney general for more than a decade's worth of documents related to a prominent climate researcher formerly on the university's faculty.
University creates office to manage records requests
Oregon Daily Emerald (University of Oregon student newspaper), June 1, 2010
Responding to one of the most persistent criticisms of its administration, the University announced Friday the creation of a new office charged with making the school’s records available to the public.
Agreement ends battle over seized Breeze photos
Student Press Law Center, June 1, 2010
James Madison University's student newspaper, The Breeze, and the Rockingham County Commonwealth's Attorney announced an agreement today that will put an end to a legal battle over photographs seized by police officers.
Penn State data may have been exposed
InfoSecurity.com, June 3, 2010
This week the Pennsylvania State University sent data breach notification letters to 15 806 individuals who at one time had their personal information, including Social Security numbers, stored in a university database.
Insurer says it's not liable for University of Utah's $3.3M data breach
Computerworld, June 4, 2010
An Englewood, Colo., insurance company has filed a federal lawsuit contending that it isn't responsible for reimbursing the University of Utah for $3.3 million in costs related to a 2008 data breach caused by a third-party service provider.
Judge agrees to unseal orders in UVa death probe
The Associated Press, June 8, 2010
A judge has ruled the public should be allowed to see portions of court orders that sealed search warrants obtained during the investigation into the death of a University of Virginia lacrosse player.
Falsified Applications Are Common Among Chinese Students Seeking to Go Abroad, Consultant Says
The Chronicle of Higher Education, June 14, 2010
As more Chinese students seek higher-education opportunities in the United States, universities must deal with a "tide of fraud" in undergraduate applications from China, said an education consultant and author of a new report on the topic.