Action item: Approve Revisions to the ORCA Regional Records Management Policy and Procedure
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- Terence Simpson
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1 Meeting November 13, 2017 Action item: Approve Revisions to the ORCA Regional Records Management Policy and Procedure Background: In accordance with the Amended and Restated Interlocal Cooperation Agreement (ILA), Section 17.11, the Regional Program Administrator (RPA) has the responsibility to "advise the of what records need to be retained by individual Agencies and Regional Service Providers". The adopted the ORCA Regional Records Management Policy on September 9, The proposed revisions update references and terminology. These revisions have been through legal review. Recommendation: The Site Managers recommend approval of the revised ORCA Regional Records Management Policy, attached hereto.
2 ORCA Regional Records Management Policy and Procedures This policy is adopted by the pursuant to Section of the 2009 Amended and Restated Interlocal Cooperation Agreement ( Interlocal Agreement ) for implementation by the Agencies who are participants in the ORCA Regional Fare Coordination Program. 1. PURPOSE 1.1. To establish an ORCA Regional Records Management Policy that creates standard procedures for the creation and management of a subset of records relating to the ORCA pprogram to be known as the ORCA Regional Records To create an ORCA Electronic Record CenterSite as the website for the storage and retrieval of secondary electronic copies of ORCA Regional Records and certain primary rrecords related to the ORCA pprogram for the convenience of the Agencies To authorize the ORCA Regional Program Administrator to manage the ORCA Electronic Record CenterSite and the records contained by on the website.site To confirm that the primary rrecords relating to the ORCA pprogram will continue to be kept by the Agencies and managed under applicable State retention and disposition schedules. 2. REFERENCES 2.1. RCW the Preservation & Destruction of Public Records 2.2. RCW Public Records Act State Records Management Act 2.4. ORCA Amended and Restated Interlocal Cooperation Agreement dated April 4, ORCA Public Records Disclosure Policy and Procedure 04/04/ DEFINITIONS 3.1. Agencies mean those transportation agencies who are current or future signatories to the Amended and Restated Interlocal Cooperation Agreement including: Everett Transit, Community Transit, King County Metro, Kitsap Transit, Pierce Transit, Sound Transit and Washington State Ferries Amended and Restated Interlocal Cooperation Agreement (or Interlocal Agreement ) means the agreement dated April 4, 2009 between the Agencies for the development, operation and maintenance of the regional fare coordination system known as ORCA.. Page 1
3 3.3. Final rrecord means an ORCA rrecord in its completed development. The ORCA Electronic Record CenterSite is intended for storage, retention and reference of ffinal rrecords and not the support of document development or collaboration Public record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by the ORCA Program regardless of physical form or characteristics including all copies of the writings. RCW ORCA Electronic Record SiteORCA Record Center means the electronic web based site website created and maintained under this Policy for accessing electronic copies of ORCA Regional Records. that is created and maintained under this Policy ORCA Regional Records mean the records managed by the ORCA Regional Program Administrator. An ORCA Program means the regional fare coordination system established and operated by the Agencies who are signatories to the Interlocal Agreement ORCA rrecord means any paper, , voic , correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machinereadable material, compact disc meeting current industry International Organization for Standardization ( ISO ) specifications, or other document, regardless of physical form or characteristics, and including such copies thereof, and as defined in RCW (3) and (4), that have been made by or received by the ORCA pprogram or by any Agency ORCA Regional Program Administrator (RPA) means the person in the Agency that performs the duties of the Regional Program Administrator under the 2009 Amended and Restated Interlocal Cooperation Agreement between the Agencies ORCA Regional Records mean the ORCA rrecords managed by the ORCA Regional Program Administrator. ORCA rregional rrecords can be maintained on the ORCA Electronic Record Site, and include secondary record copies submitted by the Agencies and the pprimary Records submitted by the ORCA Regional Program Administrator Primary rrecord means the original or official copy of an ORCA record or record series Primary rrecord hholder means the originator or Agency or rregional sservice pprovider responsible for keeping official record copies of a particular ORCA rrecord or record series Record Retention Schedule means a schedule, listing and assigning minimum retention periods to an individual ORCA record or records series. Page 2
4 Record sseries means a group of records, performing a specific function, which is used as a unit, filed as a unit and may be transferred or destroyed as a unit. A records series may consist of a single type of form or a number of different types of documents that are filed together to document a specific function Secondary rrecord ccopy means a duplicate copy of a pprimary rrecord, an ORCA rrecord, or aan rrecord sseries. 4. SCOPE 4.1. This ORCA Regional Records Management Policy applies to the ORCA RrRegional RrRecords managed by the ORCA Regional Program Administrator. The ORCA Regional Records placed oin the ORCA Electronic Record CenterSite will not include all ORCA rrecords kept by the Agencies. The procedures for the placement, retention or removal of the ORCA Regional Records from the website Site are described in this Policy This Policy does not take the place of any Agency s records management policies relating to pprimary Rrecords kept within that Agency. Each Agency will continue to be responsible for compliance with state law in the retention and disposition of its pprimary rrecords relating to the ORCA pprogram This Policy does not cover any responsibilities an Agency may have under the Washington State Public Disclosure Act. Pursuant to Section of the Interlocal Agreement, each Agency will be responsible for responding to public disclosure requests addressed to the Agency in accordance with the Public Disclosure Act (RCW ). Page 3
5 5. GENERAL PROCEDURES 5.1. ORCA Regional Records will be maintained in the ORCA Record Center, and will include primary records submitted by the RPA and secondary record copies submitted by the Agencies ORCA ORCA rrecords will continue to be managed and maintained in their original form by the pprimary rrecord hholder who will be responsible for compliance with the Public Records Act (Chapter RCW) ), the State Records Management Act, the applicable retention schedules and other laws applicable to the ORCA rrecords Electronic ssecondary Record ccopies of ORCA rrecords,as identified in Exhibit A ORCA Regional Records, attached hereto, may be stored on or linked to the ORCA Electronic Records CenterSite The Agency acting as the RPAORCA Regional Program Administrator will may store or link designated porca Primary rrecords to the ORCA Electronic Records CenterSite Exhibit A may be amended by the ORCA Regional Program AdministratorRPA to remove or expand its listing of ORCA RRegional RRecords or to shorten or expand the retention period. for the ORCA Regional Records ORCA rrecords kept ion the ORCA Electronic Records Center Site will be captured in recognized formats, documentation tools, and computer systems which are accessible and viewable by the agencies A list of approved users of the ORCA Electronic Records CenterSite will be approved by the Agencies and adopted by the ORCA Regional Program AdministratorRPA The ORCA Regional Program Administrator RPA may adopt security protocols for the use of designated ORCA Regional RRecords oin the ORCA Electronic Record Center Site consistent with the current Interlocal Agreement. Interlocal Agreement, Exhibit H Agency Security Plan adopted by on April 14, ROLES AND RESPONSIBILITIES 6.1. ORCA Regional Program Administrator (RPA): The ORCA Regional Program Administrator will establish an ORCA Electronic Records Site as the internet sitewebsite for the electronic storage of ORCA Regional Records, and the ORCA Regional Program Administrator will place upload electronic copies of such ORCA Regional Records on the website to be accessible by all Agencies. The ORCA Regional Records are designated in Exhibit A attached to this Policy. Page 4
6 The ORCA RPARegional Program Administrator will comply with all public disclosure requests as applied to ORCA Regional Records and in compliance with the current ORCA Public Records Disclosure Policy The ORCA Regional Program AdministratorRPA will make available the most recent version of ORCA Regional Records, provided by the pprimary rrecord holder, for reference oin the ORCA Electronic Records CenterSite The ORCA Regional Program AdministratorRPA will coordinate with Agencies for a periodic review of Exhibit A and the records maintained oin the ORCA Electronic Records CenterSite, and may amend Exhibit A from time to time to remove or expand the list of pprimary or ssecondary ORCA rrecords on the Site The ORCA Regional Program AdministratorRPA, or designee, will oversee and manage the may appoint a staff member to act as the manager of ORCAthe ORCA Regional Records and Management Program Manager to oversee and mthe onitor the ORCA Record Center, Regional Records aand monitor the Agencies compliance with this ORCA Regional Records Management Policy The ORCA Regional Program AdministratorRPA, or designee, will manage the approval process for users of the ORCA Electronic Records CenterSite Upon notice by another Agency planning to delete or destroy a primary record, the ORCA Regional Program AdministratorRPA will remove and delete the corresponding secondary record copy maintained oin the ORCA Electronic Record CenterSite Agencies: Each Agency will continue to maintain custody of its primary records related to the ORCA pprogram and manage such primary records in accordance with applicable state law and regulations regarding retention and disposition Each Agency shall cooperate with the RPA, or designee,orca Regional Program Administrator in implementing this Policy. An Agency may be asked to place a secondary copy oin the ORCA Regional Records Site pursuant to the procedures adopted by the ORCA Regional Program AdministratorRPA Each Agency submitting ORCA rrecords to the ORCA Electronic Records CenterSite will make available the ffinal Recordfinal rrecord. If the ffinal Record final rrecord is revised, the Agency will promptly make the that revised Final Recordfinal record available to the ORCA Regional Program Page 5
7 AdministratorRPA to replace the copy on the ORCA Electronic RecordwebsiteSite If the replacement and destruction of an older version of a document (such as a design document) is required by contract, the Agency who is responsible for the primary record holder will notify the RPA and all other Agencies having possession of the old version of the document to replace the version and otherwise comply with the contract requirement An Agency may request that an electronic copy of their primary record be included in the ORCA Electronic Record CenterSite for access by other Agencies Prior to the deletion or destruction of their a primary record copy, of an ORCA recordthe, an Agency will provide the RPA a list of the ORCA records to be deleted. to the ORCA Regional Program Administrator of the records to be disposed. To ensure record synchronization, the ORCA Regional Program AdministratorRPA will remove and delete the corresponding secondary record from copy maintained on the ORCA Electronic Record Center Site. 7. ORCA REGIONAL ELECTRONIC RECORD CENTER WEBSITE 7.1. The ORCA Electronic Record CenterSite has been will be established as the internet website for the storage and retrieval of ORCA regional recordsorca Regional Records which are deemed ORCA regional recordsorca Regional Records, as described in under Exhibit AA, and which will be kept in electronic form on the website The wwebsite will maintains electronic pelectronic Primary rrecords or record series where the pprimary rrecord hholder is the ORCA Regional Program AdministraRPAtor The wwebsite will maintains, for reference and access, electronic ssecondary rrecord ccopies submitted by the Agencies. The pprimary rrecord copy will bewill continue to be held and managed by the Agency that is the pprimary rrecord hholder The wwebsite will stores electronic records which have been finalized or in a completed state. The website is not intended to support record development or collaboration activities and will not store draft or work-in-progress records The wwebsite will stores electronic ORCA Regional Records created after August 12, ORCA rrecords or record series created before August 12, 2009 may be designated as ORCA Regional Records and listed in Exhibit A when such storage has referential value The ORCA Electronic Records CenterSite will supports the following features: Page 6
8 Security access levels enforced systemically to insure ensure appropriate access and ability to edit records by identified users Provide access, document and version history of ORCA Regional Records. on the ORCA Electronic Record Site Exhibit A, the list of ORCA Regional Records placed on the ORCA Electronic Record Site, will may be amended by the ORCA Regional Program AdministratorRPA as necessary or by the consensus of the Agencies to remove or include additional records. Each ssecondary rrecord will hashave a retention period established by the ORCA Regional Program AdministratorRPA which will be consistent with the periods established by the pprimary rrecord hholder for retention of the ORCA Primary rrecords. 8. RETENTION 8.1. The RPA and eeach Agency will manages its ORCA Primary primary rrecords in accordance with sstate law and the Rreeccords Rretention Sschedules as prescribed by the State Archivist in RCW RCW Preservation & Destruction of Public Records Regardless of the availability of aan ssecondary ccopy through the ORCA Electronic Record CenterSite, each Agency is will continue to be responsible for the pprimary rimary rrecord in its possession Prior to the disposition of an rorca Record or record series that is oin the ORCA Electronic Record Center Site, an Agency that is the pprimary rrecord hholder will provide notice to the other Agencies and a list of of the proposed disposition and a list of the ORCA rrecords to be disposed to the RPA and the Agencies. Upon confirmation by all parties, treceipt of the notice and list of ORCA Records to be disposed, the RPAORCA Regional Program Administrator will remove and delete the corresponding ssecondary ccopy Secondary r Records oin the ORCA Electronic Records CenterSite may be retained for periods that are consistent with the pprimary rrecord hholder s retention scheduleof the ORCA Primary Record Primary rrecords oin the ORCA Electronic Records Center Site will be retained for the minimum period prescribed by the State Archivist for pprimary rrecords unless the ORCA Regional Program AdministratorRPA, in coordination with the pprimary r Record hholder, determines that the retention period should be longer for the convenience of the Agencies Prior to disposing of an ORCA pprimary rrecord that is not oin the ORCA Electronic Record Center Site, the pprimary rrecord hholder will notify the RPAORCA Regional Program Administrator of the proposed disposition and include list of ORCA rrecords to be deletedorca Regional Program Administrator. The pprimary rrecord holder Page 7
9 shall wait 10 (ten) business days after notification before destroying any ORCA rrecords that are not currently oin the ORCA Electronic Record CenterSite. The ORCA Regional Program AdministrationRPA will provide notice to the Agencies of the proposed disposition, to the other Agencies and coordinate with the Agencies to destroy any ssecondary rrecord ccopies of the ORCA Primary Record When the replacement or destruction of an ORCA rrecords is required by contract (i.e., iterations of design review documents), the Agency responsible for implementing the contract requirements shall promptly notify the ORCA Program AdministratorRPA to remove the ssecondary rrecord ccopy and provide a newer version of applicable the documents for the ORCA Electronic Record Center Site An Agency may submit a litigation hold or audit requirement for retention of ORCA rrecords to the ORCA Regional Program AdministratorRPA. When notified of a litigation hold or audit requirement for retention of rorca Records, the the RPAORCA Regional Program Administrator will take the appropriate steps to hold the affected records oin the ORCA Electronic Record Center Site for the required period If another Agency assumes the ORCA RPARegional Administrator s function, the pprimary rrecords created by the former ORCA Regional AdministratorAdministrator oin the ORCA Electronic Record Center Site will continue to reside on that website ORCA Electronic Record Site for the minimum retention period, unless the current RPAORCA Regional Administrator determines that a longer retention period is desirable for the convenience of the Agencies. Page 8
10 ORCA Regional Records Management Policy Exhibit A ORCA Regional Records Record Category Budget Sub-Category Record Description Primary Record Holder Budget Reports (Operations, Development) Quarterly Statement of Net Assets ORCA RPA (Fiscal Budget Annual budget to ORCA RPA (Fiscal Budget RFC (Development) Budget ORCA RPA (Fiscal Business Rules & Procedures Business Rules & Procedures Contact Info ORCA Record Center If YES, Primary or Secondary? Primary Primary Primary Business Rules ORCA RPA Primary Business Procedures ORCA RPA Primary & Alternates Roster ORCA RPA Primary Contact Info Website Manager Roster ORCA RPA Primary Records Series Retention Period Contact Info Regional Team Rosters ORCA RPA Primary Executed & Notice of Award Change Orders & Amendments ORCA Ops (KCM) Secondary ORCA Ops (KCM) Secondary Letter of Credit ORCA Ops (KCM) Secondary Page 9
11 Record Category Financial /Accounting Financial /Accounting Sub-Category Record Description Primary Record Holder ORCA Record Center If YES, Primary or Secondary? Notice of Apparent Completion ORCA Ops (KCM) Secondary Close Out ORCA Ops (KCM) Secondary IBI Tech Consultant Executed IBI Tech Consultant Change Orders ORCA Ops (KCM) Secondary ORCA Ops (KCM) Secondary Escrow ORCA Ops (KCM) Secondary Statement of assets, liabilities, resources & expenditures to Agencies Annual audit of ORCA financial records (by 3 rd Party) ORCA RPA (Fiscal ORCA RPA (Fiscal Primary Secondary ILA Executed ILA (Ops Phase) ORCA RPA Primary ILA Amendments ILA Amendments (Dev Phase) ORCA Ops (KCM) Primary Records Series Retention Period ILA Amendments ILA Amendments (Ops Phase) ORCA RPA Primary ILA Exhibits Exhibits ORCA RPA Primary Invoices Vendor Invoices ORCA RPA Secondary (<Oct 09) (<Oct 09) Agenda Board Agenda ORCA Ops (KCM) Secondary Meeting Materials Board Meeting Materials ORCA Ops (KCM) Secondary Page 10
12 Record Category Sub-Category Record Description Primary Record Holder Meeting Materials Meeting Materials Meeting Materials Meeting Materials Decision Memos ORCA Record Center If YES, Primary or Secondary? ERG Monthly Report ORCA Ops (KCM) Secondary IBI Monthly Report ORCA Ops (KCM) Secondary Budget Reports (Fiscal ORCA Ops (KCM) Secondary Capital Records ORCA Ops (KCM) Secondary Board Decision Memos ORCA Ops (KCM) Secondary Calendar Board - Calendar ORCA Ops (KCM) Secondary Corresponden ce Board Correspondence ORCA Ops (KCM) Secondary Public Meeting Notices ORCA Ops (KCM) Secondary Board Agenda ORCA RPA Primary Board Meeting Materials ORCA RPA Primary Records Series Retention Period ERG/Vix Monthly Report ORCA RPA Primary IBI Monthly Report ORCA RPA Primary Budget Reports (Fiscal ORCA RPA Primary Capital Reports ORCA RPA Primary Page 11
13 Record Category Sub-Category Record Description Primary Record Holder ORCA Record Center If YES, Primary or Secondary? Board Decision Memos ORCA RPA Primary Board - Calendar ORCA RPA Primary Board - Correspondence ORCA RPA Primary Public Meeting Notices ORCA RPA Primary Public Press Release ORCA RPA Primary Public Customer Communications ORCA RPA Primary Records Series Retention Period Public Website Public Content Privacy, Terms of Use ORCA RPA Primary Public Promotions ORCA RPA Secondary Public Retail Agreements Retail Agreements Security Agent Subpoena or Warrant Request for ORCA records, policies or data ORCA RPA Secondary Executed Retail Agreement ORCA RPA Primary Executed Retail Card Sales ORCA Ops Secondary Security Breach Plan ORCA RPA (Security Primary Security Agent Agency Security Plan ORCA RPA (Security Primary Page 12
14 Record Category Security Agent Sub-Category Record Description Primary Record Holder PCI Compliance ORCA RPA (Security ORCA Record Center If YES, Primary or Secondary? Secondary Records Series Retention Period Security Agent or Audit ORCA RPA (Security Secondary Site Managers Site Managers Site Managers Meeting Materials (Agenda, Notes, etc.) ORCA RPA Primary Commitment Calendar ORCA RPA Primary Master Calendar ORCA RPA Primary Page 13
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