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Records Update, September 2009

New Financial Policies with Records Implications

#2.3.4 Real Estate Transactions and Management

This policy directs employes to contact the department of Planning+Design+Construction (PDC) in writing (emphasis added) when considering physical expansion or aquisition or disposition of real estate or real property. The Real Estate Services Request Form as well as other PDC forms can be found at http://www.uc.edu/architect/documents/forms/table.asp. Records realted to this policy should be retained for a minimum of six years following the close of the project..

Educational Opportunities

Workshops

The next Introduction to Records Management Workshops will be held in November.

ARMA Chapter Meetings

Cincinnati

October - Randy Moeller, P&G Corporate Records Management, will speak on Records Retention
November - Gillian Hill, Great Lakes ARMA Regional Director and Archivist for Greene County, OH, Records Center and Archive (Xenia) will speak on “Records Management from an Archivist’s Point of View”.

For more information see their website at http://www.cincyarma.com/cincinnati/meeting.html

ARMA meetings are open to non-members. Please see the individual chapter website for fee and registration information.

Information Security Update

UC Information Security publishes periodic Information Security Updates which summarize the State of InfoSec both inside and outside of UC. You can receive each issue of Information Security Update as it is released by subscribing to the Security Update listserve. An archive of past updates is also available.

Leg & Reg

Federal Register, Department of Education, August 6, 2009

Institutional Eligibility Under the Higher Education Act of 1965, as Amended, and the Secretary's Recognition of Accrediting Agencies; Proposed Rule.

The proposed rule includes modifications to record-keeping and confidentiality requirements. Although this proposed rule applies to accrediting agencies and not individual institutions of higher learning, it is important to understand what their record-keeping requirements are in relation to the information they maintain regarding participating institutions. The full text of the proposed rule can be found at http://fdsys.gpo.gov/fdsys/pkg/FR-2009-08-06/pdf/E9-18368.pdf.

Abstract:

The Department of Education relies on accrediting agencies to act as "gatekeepers", assuring the quality of post-secondary education provided by institutions of higher learning. In the past, the Department has recognized that in some cases, insufficient documentation has been available to support this role. The proposed rule would require accrediting agencies to retain all documentation of its last full accreditation or preaccreditation review of each institution or program, as well as all decisions made throughout an institution’s affiliation with the agency and significantly related correspondence for substantive changes and decisions regarding the accreditation or preaccreditation. Additionally, agencies would be required to review each contact with an institution on a case-by-case basis to assess whether confidentiality should be maintained.

Department of Health and Human Services, August 19, 2009

Interim Final Rule on Breach Notification for Unsecured Protected Health Information

The rule:

  • Specifies accepted methods for securing protected electronic health information, making them unusable, unreadable, or indecipherable to unauthorized parties
  • Requires HIPAA-covered health care providers to notify affected individuals and HHS of a breach of unsecured protected information

Protected health information not secured using methods specified in the HHS guidance is considered "unsecured."

Supreme Court of Ohio Case Summaries, August 25, 2009

Court Affirms Award of Statutory Damages, Attorney Fees In Public Records Case

2008-2471.  State ex rel. Doe v. Smith, Slip Opinion No. 2009-Ohio-4149

In a case interpreting 2007 amendments to state public records statutes, the Supreme Court of Ohio today affirmed a judgment of the 12th District Court of Appeals granting a writ of mandamus and awarding $1,000 in statutory damages and $2,000 in attorney fees to a citizen whose request to view public records was improperly rejected without explanation by a township police chief.

 

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.

Local & Regional News

Ohio court blocks sweeping records disclosure

American Medical News, July 20, 2009

A recent Ohio Supreme Court ruling will ensure that patients' medical records remain private and are not exposed by unrelated litigation, physicians say.

Two Cincinnati Dentists Charged With Conspiracy, Tax Crimes

PR Newswire, July 23, 2009

Additionally, the indictment alleges that Brennecke transferred title of his house to his wife to conceal it from the IRS, sent the government bogus documents that purported to pay his tax liabilities and filed false tax returns.

Also covered in Wilmington News Journal.

St. Elizabeth to roll out electronic medical records system

Cincinnati Business Courier, July 30, 2009

St. Elizabeth Medical Center will connect all of its facilities to an electronic medical records system by fall 2010, according to its vendor, IBM Corp.

Derby Museum damage could total in millions

Louisville courier-journal.com, August 5, 2009

Insurance adjusters and cleanup crews arrived Wednesday morning at the Kentucky Derby Museum to begin the arduous work of assessing and cleaning up the flood damage, a process made more difficult by the loss of electricity. The museum staff worked for three hours in the dark Tuesday to move all the historical collections and artifacts from the basement to higher ground after several inches of sewer water flooded the basement. Treinen said the concern now is potential mold growth on paper documents.

Derby Museum staff rescued past for the future (August 11, 2009)

Main Library damage set at $5 million

Louisville courier-journal.com, August 5, 2009

Flood damage at Louisville's Main Library is much worse than first believed and was estimated conservatively Wednesday at $5 million by the director of the Louisville Free Public Library. Tuesday's flood destroyed at least 50,000 books and wiped out all or most of the building's mechanical and computer systems, as well as heavily damaging elevators and three bookmobiles and buckling walls. The initial preliminary damage estimate was $1 million.

Taylor Audit Reveals Superintendent Took More Than $295,000 from School District

Ohio Auditor of State, August 5, 2009

The special audit reveals that Helms created fake invoices for non-existent companies, then submitted these bills to the
school treasurer for payment.  The district paid these invoices, totaling $110,031, and mailed payments to post office
boxes owned by Helms.  He then deposited the payments into his personal bank accounts.

Man sues village over video of council meeting

Dayton Daily News, August 7, 2009

A Warren County magistrate is expected to issue a written decision next week in the case of a Waynesville resident who has sued the village for allegedly withholding a public record.

Tenure Applications Go Digital

Chronicle of Higher Education, August 10, 2009

Sue N. Averill, associate provost for faculty affairs at Kent State University, has one overwhelming memory of her first few weeks on the job last year: a mountain of white-plastic bins looming over her head. ... Each was filled with paper-stuffed binders from faculty members building their cases for promotion and tenure. The bins took up two whole walls in a conference room, where they were kept under lock and key.

City needs $600,000 to complete payroll conversion

Lexington Herald-Leader, August 12, 2009

The city's computer staff found innumerable inconsistencies in the way various divisions of city government calculated and entered payroll data into the computer.

Officials Concerned About Records Preservation Program

WFPL News, August 13, 2009

Some recent disasters are drawing attention to a 25-year old program aimed at protecting and preserving Kentucky’s treasure trove of public documents.  Kentucky Public Radio’s Tony McVeigh says alarm bells are sounding over declines in funding for the program. 

UofL plans to create archive of flood records

Kentucky.com, August 14, 2009

The University of Louisville wants to create a record of the recent flood in the city and on much of the campus.

Grimes, Steinel could face prosecution in records case

The Marietta Register, August 19, 2009

Former Commissioners Larry Steinel and John Grimes could be facing prosecution for theft in office, vandalism, tampering with records, obstructing official business, and receiving stolen property, according to Washington County Sheriff Larry Mincks. In February, Steinel and Grimes were placed under investigation and served with search warrants in an effort to recover years of county files and documents that the two former Commissioners had allegedly stolen and destroyed.

State government slashing spending

Wilmington News Journal, August 19, 2009

The Senate is working to save money in several ways, including increased use of electronic records, reductions in mileage reimbursement rates, a prohibition on travel reimbursements and the implementation of a new Internet-based phone system that has reduced the Senate’s phone bill from $114,000 a year to about $10,000.

Mingo commissioner wants Chafin's e-mail, phone records

The Charleston Gazette, August 19, 2009

CHARLESTON, W.Va. -- A Mingo County commissioner says state Senate Majority Leader Truman Chafin is behind a series of public-information requests filed with the County Commission -- and he wants to turn the tables.

Magistrate rules in favor of village in records suit

Dayton Daily News, August 19, 2009

LEBANON — A Warren County Common Pleas magistrate has ruled against a Waynesville man who sued the village, accusing it of withholding a public record.

Officials call on YMCA to open books

Toledo Blade, August 21, 2009

"If you have nothing to hide - show the records," Lucas County Auditor Anita Lopez said at a gathering last night of south-end neighbors. "If they don't want to be questioned by the public, then they should not seek tax exemptions."

Indy out front of U.S. push for electronic health records

IndyStar.com, August 24, 2009

About a month ago, the St. Francis family physician installed an electronic medical record system. That's a move typical for Indianapolis, where all but one hospital can share patient information electronically and paramedics in the field can pull up patient records.

W.Va. State Police goes digital

The Charleston Gazette, August 23, 2009

A new computer system has eliminated much of the need for paper manuals, notices and memorandums within the organization, State Police officials say. That saves paper and toner, and printing and shipping costs, for one of the largest organizations in West Virginia, with almost 1,000 employees.

Credit card numbers reported stolen at local animal hospital

Dayton Daily News, August 25, 2009

Montgomery County prosecutors have approved felony charges of grand theft and identity fraud against a Springfield man accused of stealing the credit card numbers of at least three Oakwood residents, according to Oakwood Public Safety Department.

State asked to investigate Lucas Co. Board of Elections

TOLEDOontheMove.com, August 25, 2009

Ohio Secretary of State Jennifer Brunner has been asked to investigate potential illegal conduct committed by the Lucas County Board of Elections.

Allegations against the board include claims of misconduct, possession of false records, fraudulent marking or altering ballots or election records, all of which are felonies.  The state has also been asked to investigate the board's prohibition of an inspection of election records.

Sheriff to buy records system

Parkersburg News and Sentinel, August 25, 2009

Wood County commissioners on Monday gave the sheriff's department the green light to purchase a new grant-funded records management software system and agreed to consider providing the additional $14,230 for a system's maintenance agreement.

Five plead guilty in ODOT case

The News-Herald (Clevelenad), August 25, 2009

Five people associated with the investigation of the Ohio Department of Transportation pleaded guilty today before Cuyahoga Court of Common Pleas Judge Kathleen Sutula. Richard Goldizen Jr., 54, of Perry Township, pleaded guilty to one count of attempted tampering with records.

Ohio State Expands Use of Electronic Medical Records

Media News Wire, August 26, 2009

The latest technology is resulting in safer and more patient-focused care at The Ohio State University Medical Center with a conversion to a fully integrated electronic system for all medical records.

Lawsuit Against Ohio Governor for Failing to Act on Stimulus Funds Heads to State Supreme Court

PRNewsChannel.com, August 27, 2009

Gov. Strickland moves to dismiss the petition, denying any current obligation to act. Governor fails to comply with public records request.

Good record keeping saves time, frustration in preparing tax returns

The Ohio Society of CPAs, August 27, 2009

Tax time may still be months away, but it’s not too early to get a jump start on organizing paperwork that will make tax preparation easier.

Higher Education News

Former clinic director had Cho mental health records

Richmond Times-Dispatch, July 22, 2009

Missing mental health records of Virginia Tech gunman Seung-Hui Cho have been discovered in the home of the university clinic’s former director, a memo from Tech’s legal counsel says.

Colorado State Board Releases Recording of Closed Meeting

Inside Higher Ed, July 27, 2009

Colorado State University's board has settled lawsuits by media entities challenging a closed door meeting at which a new chancellor was selected by releasing a recording of much of the meeting.

‘Gross academic fraud' at UTB-TSC rocked Office of Distance Education

The Brownsville Herald, August 1, 2009

A two-month UTB-TSC police investigation found school employees in 2008 had committed "gross academic fraud" after student employees and regular staff used their positions to steal test answers, according to a UTB police report obtained by The Brownsville Herald.

Providence College appeals ruling spurred by death of student in 2002

projo.com, August 6, 2009

Superior Court Judge Patricia A. Hurst issued a blistering decision in July demanding that the school turn over key documents related to 19-year-old John D. Langley’s death in December 2002. The judge blasted the college for what she portrayed as a pattern of concealment, evasion and obstruction in its response to a wrongful death suit brought by Langley’s father, John E. Langley Jr., of Walpole, Mass.

Director Who Lost Cho's Records Had Been Fired After Review

The Washington Post, August 19, 2009

The director of the counseling center at Virginia Tech, who said he "unintentionally" took home the mental health records of Seung Hui Cho two years before Cho went on a shooting rampage that killed 32 people and injured many more, was fired from his position after an independent review of the office.

Tech Gunman's Records Reveal Lack of Treatment

The Washington Post, August 20, 2009

The missing mental health records of Seung Hui Cho, released Wednesday afternoon, provide more evidence that Virginia Tech's counseling center and the state's mental health system failed to recognize, communicate and treat the gunman's increasingly erratic behavior.

Court rules NCAA documents in FSU academic-fraud investigation are public records

Orlando Sentinel, August 20, 2009

TALLAHASSEE - A Leon County judge ordered today that NCAA documents related to an academic-fraud investigation at Florida State University are public records, a major victory for press groups that pushed for the release of the information.

NCAA records made public

San Francisco Chronicle, August 21, 2009

A top official at the NCAA said a Tallahassee, Fla., court ruling Thursday making public records out of documents dealing with cheating at Florida State sets a precedent that would "rip the heart out of the" NCAA's ability to ensure fair competition.