Johnson County Friends Feeding Friends DOCUMENT RETENTION POLICY
The records of Johnson County Friends Feeding Friends (JC-FFF) include essentially all the records you produce as an employee, whether paper or electronic. A record may be as obvious as a memorandum, an email, a contract or a case study, or something not as obvious, such as a computerized desk calendar, an appointment book or an expense record. These are all important assets and records of JC-FFF..
It is the policy of JC-FFF to maintain certain types of records, usually for a specified period of time. Failure to retain these records for these minimum periods could interfere with the operations of JC-FFF and risk violating Wyoming’s Public Records Act or other applicable laws. JC-FFF has therefore established this Document Retention Policy. JC-FFF expects all employees to fully comply with this mandatory policy and any other applicable laws, rules and regulations.
It shall be the general policy of JC-FFF to retain materials for a period of three years after any activity in the matter. Exceptions to this general rule may be granted, but only with the written permission or direction of the JC-FFFF Board President. Any such permission shall be permanently retained.
While the general rule is to maintain documents for three years, some materials require longer retention to ensure legal requirements and to meet other objectives such as cost management. The categories of documents requiring special attention are listed below, along with the required period of retention. Decisions regarding the required period of retention shall be made in the sole discretion of the JC-FFFF Board.
Financial and Tax Records. Tax records include, but may not be limited to, documents concerning payroll, expenses, proof of deductions, business costs, accounting procedures, and other documents concerning JC-FFF’s revenues and bonding. Financial and tax records will be retained for at least seven years from the date of filing the applicable return.
Employment Records/Personnel Records. JC-FFF will retain personnel files that reflect performance reviews and any complaints brought against JC-FFF or individual employees under applicable state and federal statutes. JC-FFF will also keep all final memoranda and correspondence reflecting performance reviews and actions taken by or against personnel in the employee’s personnel file. Employment and personnel records will be retained for six years following the employees’ separation.
Board and Board Committee Materials. Meeting minutes will be retained permanently in JC-FFF’s minute book, as will clean copies of all Board and Board Committee materials.
Press Releases/Public Filings. JC-FFF will retain permanent copies of all press releases and publicly filed documents. A publicly filed document is any document filed with a regulatory agency or otherwise generally available to a member of the public.
Legal Files. Legal documents will be maintained for a period of ten years unless other instructions are provided, in writing, by the JC-FFF Board President or JC-FFF legal counsel. Legal documents include the type of documents that provide privileged legal advice, discussion and counsel to JC-FFF, its Board or employees, grant JC-FFF legal rights or establish JC-FFF obligations. These materials include but are not limited to e-mails, memoranda, letters, documents establishing title to property, permits, public statements or testimony, insurance policies, regulatory and administrative filings, or materials related to any litigation.
Marketing and Sales Documents. JC-FFF will keep final copies of marketing and sales documents for three years. Sales invoices, contracts, leases, licenses and other legal documentation related to marketing and sales documents shall be kept for at least three years beyond the life of any agreement.
Development/Intellectual Property and Trade Secrets. Development documents are often subject to intellectual property protection in their final form (e.g., patents and copyrights). The documents detailing the development process are often also of value and are protected as trade secrets where JC-FFF derives independent economic value from the secrecy of the information and JC-FFF has taken affirmative steps to keep the information confidential.
JC-FFF will keep all documents designated as containing trade secret information, as well as documents related to the trade secret and other intellectual property, for at least the life of the trade secret or intellectual property.
Contracts. Final, executed copies of all contracts entered into by JC-FFF will be retained for at least three years beyond the life of the agreement, and five years in the case of publicly filed contracts.
Electronic Mail/Electronic Information. All JC-FFF e-mails, documents and other materials in electronic form are kept or archived on facilities and servers operated by JC-FFF These materials will be subject to any retention or preservation policies set by the state, and the state’s policies will take priority over any conflicting policies set by JC-FFF.
Drafts. It is JC-FFF policy that draft documents are not to be retained once the final contract, report, letter or other document for which the draft was prepared has been issued, executed or delivered. An exception to this policy exists for drafts required to be maintained for quality assurance/quality control purposes or where other regulations require that draft documents be retained. The JC-FFF Board President should be consulted to determine if such an exception is applicable and if so, how long such drafts should be maintained.
Privileged/Work Product Documents. Documents which are believed to be subject to the Attorney-Client Privilege or to the protections available under the work product doctrine will be conspicuously and individually marked and maintained in a separate folder or folders labeled “Attorney-Client Privilege” and/or “Attorney Work Product.” If you have any doubt as to whether a document falls into either category please contact JC-FFF’s outside counsel or the Executive Director for assistance in classifying the document. Such materials shall be maintained for at least seven years.
Third Party Consultants. JC-FFF requires all third party consultants to adhere to JC-FFF policies regarding document retention. Each third party consultant shall review, agree to and execute a copy of this policy before executing any contract with JC-FFF or undertaking work on JC-FFF’s behalf.
Failure to comply with this Document Retention Policy may result in disciplinary action against any individual failing to honor it. Questions about this policy should be referred to the JC-FFF Board President, who is in charge of administering, enforcing, and updating this policy.
A verbatim copy of this Document Retention Policy shall be provided, reviewed, and agreed to by all JC-FFF employees and staff, individuals referenced herein, as well as any other individual to whom it may be deemed by the JC-FFF Board President to apply. Such an acknowledgement shall be in the following form:
“I acknowledge and agree that I have been provided with the above Document Retention Policy of JC-FFF. I have had the opportunity to review this Policy, consult about it with advisors of my choice, and have had any questions about it answered to my satisfaction. By signing below, I acknowledge that I understand this Policy and agree to abide by it.”
If you are informed that JC-FFF records are or may be relevant to a specific request or hold, litigation, or a dispute that could result in litigation, then you must preserve all records related to the matter until the JC-FFF Board President, in conjunction with outside counsel, determines the records no longer need to be retained. This exception, referred to as a “Litigation Hold,” supersedes JC-FFF’s general policy as well as any previously or subsequently established policy for any specific records. If you believe this exception may apply, or have any question regarding the possible applicability of this exception, immediately contact the JC-FFF Board President.
