Records Retention Guidance for Local Government
The State Records Administrator does not have direct authority over the records retention and disposition practices of local governments (Counties, Municipalities, and local public bodies). Pursuant to §14-3-18 NMSA, 1978, the Administrator may provide guidance to counties and municipalities on records retention. This guidance is provided in three locations, 1.21.3 NMAC, Local Government Records Management Guidance, the associated Record Retention and Disposition Guide, and 1.21.2 NMAC, Retention and Disposition of Public Records. A consolidated document for ease of reference can be accessed here. (Please note that this document is provided for convenience only, and is not the official version of any of the documents included therein.) A reference copy of the repealed Chapter 19 can be viewed on the old retention and disposition schedules page. For questions regarding classification of records, please contact the Agency Analysis bureau.
Records and Information Management training is available to Local Government entities on an on demand basis. Please contact the Agency Analysis Bureau for more information.
Pursuant to §14-1-8 NMSA, 1978, County governments are statutorily required to submit notice to the State Records Administrator at least 60 days prior to the destruction of any public record. Utilizing the classifications provided in the local government guide, complete and mail the signed original County notice of destruction form to:
State Archives of New Mexico
Commission of Public Records
1205 Camino Carlos Rey
Santa Fe, NM 87507
Municipalities and Local Public Bodies
Municipalities and local public bodies are not required to submit notice to, nor receive approval from, the State Records Administrator prior to destroying public records. Municipalities and local public bodies who wish to submit notice should follow the process delineated above.
The New Mexico State Commission of Public Records (“Commission”) has scheduled a regular meeting and rule hearing for Tuesday, August 29, 2017, at 10:00 A.M. at the New Mexico State Records Center and Archives, which is an accessible facility, at 1205 Camino Carlos Rey, Santa Fe, NM. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any form of auxiliary aid or service to attend or participate in the meeting, please contact Melissa Salazar at 476-7926 or 476-7911 by August 15, 2017 or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats.
NOTICE OF RULEMAKING
The Commission of Public Records and State Records Administrator may consider the following items of rulemaking at the meeting:
1.21.2 NMAC Retention and Disposition of Public Records [CPR]
1.13.5 NMAC New Mexico Historical Records Grant Program Guidelines [CPR]
1.13.4 NMAC Records Management Requirements for Electronic Messaging [Joint CPR & SRA]
1.13.10 NMAC Records Storage and Access [SRA Only]
SYNOPSIS: The repeal and replacement of 1.13.12 NMAC is to add designation language for records custodians, clarify the training requirements for designated personnel, and to renumber the part.
The proposed repeal of 1.24.20 NMAC is to acknowledge that the rule for emergency rule filing has been supplanted by the statutory changes made to the State Rules Act due to passage of HB 58 in the 2017 regular legislative session.
The proposed amendment of 1.21.2 NMAC consist of the follow modifications: Section 7 is being amended to clarify the definition of “transitory” and remove “transitory records” from the definition of “non-record”; Section 105 , Correspondence - General, is being amended to add transitory records to the description; and Section 336, Case Files - Loans, and Section 337, Educational Financial Aid, are being amended to remove grant administration from the subcategory; grant files were moved to the Administration - general management category in November of 2016.
The proposed amendments to 1.13.5 NMAC consist of the following: Section 8 is being amended to clarify eligibility requirements for historical records grants; Section 9 is being amended to clarify the conditions for custody of historically significant records; and Section 10 is being amended to limit the types of projects that could be funded.
The proposed amendment of 1.13.4 NMAC is to amend Section 7 to clarify the definition of “transitory” and remove “transitory records” from the definition of “non-record”.
The proposed repeal and replacement of 1.13.30 NMAC consist of the follow modifications: Section 2 is being amended to widen the scope of the rule; Section 7 is being amended to clarify the definition of “inactive record” and the definition of “transitory” and remove “transitory records” from the definition of “non-record”; Section 10 is being amended to only transfer closed records to the state archives; Section 11 is be amended to add a designee of the state records administrator to inspect records for on-site records, add the requirement of a certificate of destruction, and add the qualification of a document destruction vendor; Section 12 is being amended to add a designee of the state records administrator to inspect records at the record centers; standardizing the dimensions of boxes brought in the destruction, and establish a fee for the services of document destruction for boxes delivered to the record centers; Section 13 is being amended to establish a fee for the services of document destruction for boxes stored in the record centers that have met their retention: Section 14 is being amended to require a standardized form and to correct a NMAC reference; and Section 16 is being amended to remove a unnecessary statutory reference and grammatical corrections.
The proposed amendment of 1.13.10 NMAC is to add the rejection of storage boxes that are less than three quarters full from being accepted to the record centers and to add a reference to the fee schedule for the storage of microfilm.
At the hearing the Commission and Administrator will take oral and written comments related to the rulemaking actions listed below and during the meeting consider approving these rulemaking actions.
Interested persons may submit comments on the proposed rules at the rule hearing or may submit written comments via email at email@example.com. Written comments must be received no later than 5 p.m. on August 15, 2017. If submitting written comments by email, please indicate in the subject line the number of each rule(s) for which you are providing comments.
Persons offering written comments at the hearing must have eight (8) copies for the Commission and Administrator to review. Oral comments will also be accepted at the rule hearing, subject to time limitations.
The Commission may vote on the proposed rules during the meeting on August 29, 2017. The State Records Administrator may take action on those rules at the close of the public rulemaking hearing. A summary of the proposed revisions and copies of the full text of the proposed rules may be accessed at the Commission’s website (www.nmcpr.state.nm.us) or by contacting Melissa Salazar at Melissa.Salazar@state.nm.us, 1205 Camino Carlos Rey, Santa Fe, New Mexico 87505 or 476-7926 or 476-7911.
A copy of the agenda for the combined meeting and rule hearing is here and at the office of the State Records Administrator located in the Santa Fe State Records Center and Archives at 1205 Camino Carlos Rey, Santa Fe, NM. The agenda is subject to change up to 72 hours prior to the meeting.
Legal authority for this rulemaking can be found in the Public Records Act, Section 14-3-1, et seq. and in the State Rules Act, Section 14-4-1, et seq. NMSA 1978.
Records retention and disposition schedules enable state agencies to systematically manage their records and information by specifying how long state records must be maintained and what their final disposition will be. The retention schedules are developed by using the data compiled in the records inventory, researching legal sources such as state and federal statutes, and discussing the records and information needs of an agency with its records custodians, staff, and legal counsel. The scheduling process is ongoing and involves the cooperation of an agency's records custodian, liaisons, and legal counsel.
Records retention and disposition schedules are filed as state rules and are compiled in the New Mexico Administrative Code (NMAC). The official rule for Functional Retention and Disposition Schedule is the 1.21.2 NMAC.
The following schedules are for reference only. The official rule for Functional Retention and Disposition Schedule is the 1.21.2 NMAC.
General Records Retention and Disposition Schedules (GRRDS)
1.15.2 NMAC General Administrative Records
1.15.3 NMAC General Adminstrative Records (For Use by Local Governments and Educational Institutions)
1.15.4 NMAC General Financial
1.15.5 NMAC General Financial Schedule (Interpretive)
1.15.6 NMAC General Personnel Records
1.15.7 NMAC General Personnel Records (Interpretive)
1.15.8 NMAC General Medical Records
1.15.9 NMAC General Hospital and Medical Center Records
Legislative Records Retention and Disposition Schedules (LRRDS)
1.16.111 NMAC Legislative Council Service
1.16.112 MMAC Legislative Finance Committee
1.16.117 NMAC Legislative School Study Committee
1.16.119 NMAC Legislative Maintenance
Judicial Records Retention and Disposition Schedules (JRRDS)
1.17.205 NMAC Supreme Court Law Library
1.17.210 NMAC Judicial Standards Commission
1.17.215 NMAC Court of Appeals
1.17.216 NMAC Supreme Court
1.17.218 NMAC New Mexico Magistrate Courts
1.17.219 NMAC Board Governing the Recording of Judicial Proceedings
1.17.220 NMAC Administrative Office of the Courts
1.17.230 NMAC New Mexico District Courts
1.17.244 NMAC Bernalillo County Metropolitan Court
1.17.264 NMAC Administrative Office of the District Attorneys and the District Offices
Executive Records Retention and Disposition Schedules (ERRDS)
1.18.305 NMAC Office of the Attorney General
1.18.308 NMAC Office of the State Auditor
1.18.333 NMAC Taxation and Revenue Department
1.18.337 NMAC State Investment Council
1.18.341 NMAC Department of Finance and Administration
1.18.342 NMAC Public School Insurance Authority
1.18.343 NMAC Retiree Health Care Authority
1.18.350 NMAC General Services Department
1.18.352 NMAC Educational Retirement Board
1.18.355 Public Defender Department
1.18.356 NMAC NM Office of the Governor
1.18.360 NMCA Lieutenant Governor's Office
1.18.361 NMAC Office of the Chief Information Officer
1.18.366 NMAC Public Employees Retirement Association
1.18.369 NMAC Commission of Public Records
1.18.370 NMAC Secretary of State
1.18.378 NMAC State Personnel Office
1.18.379 NMAC Public Employee Labor Relations Board
1.18.394 NMAC Office of the State Treasurer
1.18.404 NMAC Board of Examiners for Architects
1.18.418 NMAC Tourism Department
1.18.419 NMAC Economic Development Department
1.18.420 NMAC Regulation and Licensing Department
1.18.430 NMAC Public Regulation Commission
1.18.440 NMAC Office of Superintendent of Insurance
1.18.446 NMAC Board of Medical Examiners
1.18.449 NMAC Board of Nursing
1.18.460 NMAC State Fair Commission
1.18.464 NMAC State Board of Licensure for Professional Engineers and Surveyors
1.18.465 NMAC Gaming Control Board
1.18.469 NMAC State Racing Commission
1.18.479 NMAC Board of Veterinary Medicine
1.18.505 NMAC Cultural Affairs Department
1.18.508 NMAC New Mexico Livestock Board
1.18.516 NMAC Department of Game and Fish
1.18.521 NMAC Energy, Minerals and Natural Resources Department
1.18.539 NMAC State Land Office
1.18.550 NMAC Office of the State Engineer
1.18.601 NMAC Commission On the Status of Women
1.18.605 NMAC Martin Luther King Jr Commission
1.18.606 NMAC Commission for the Blind
1.18.609 NMAC Indian Affairs Department
1.18.624 NMAC Aging and Long Term Services Department
1.18.630 NMAC Human Services Department
1.18.631 NMAC Department of Workforce Solutions
1.18.632 NMAC Worker's Compensation Administration
1.18.644 NMAC Division of Vocational Rehabilitation
1.18.647 NMAC Developmental Disabilities Planning Council
1.18.665 NMAC Department of Health
1.18.667 NMAC New Mexico Department of Environment
1.18.669 NMAC Health Policy Commission
1.18.670 NMAC Veterans' Services Department
1.18.690 NMAC Children, Youth and Families Department
1.18.705 NMAC Department of Military Affairs
1.18.760 NMAC Adult Parole Board
1.18.765 NMAC Juvenile Public Safety Advisory Board
1.18.770 NMAC Corrections Department
1.18.780 NMAC Crime Victims Reparation Commission
1.18.790 NMAC Department of Public Safety
1.18.794 NMAC Mounted Patrol
1.18.795 NMAC Homeland Security and Emergency Management Department
1.18.805 NMAC Department of Transportation
1.18.924 NMAC Public Education Department
1.18.926 NMAC School for the Blind and Visually Impaired
1.18.927 NMAC New Mexico School for the Deaf
1.18.940 NMAC Public Schools Facilities Authority
1.18.950 NMAC Higher Education Department
1.18.969 NMAC New Mexico Department of Agriculture
1.18.980 NMAC NM Office of the Medical Investigator
Local Government Records Retention and Dispositon Schedules (LGRRDS)
1.19.2 NMAC Office of the County Assessor
1.19.3 NMAC Office of the County Clerk
1.19.4 NMAC Board of County Commissioners, County Managers
1.19.5 NMAC Office of the County Sheriff
1.19.6 NMAC Office of the County Treasurer
1.19.7 NMAC Southern Sandoval County Arroyo Flood Control Authority
1.19.8 New Mexico Municipalities
1.19.9 NMAC Municipal Courts
1.19.10 NMAC New Mexico Middle Grand Conservancy District
1.19.11 NMAC Soil and Water Conservation Districts and Watershed Districts
Education Records Retention and Disposition Schedules (EDRRDS)
1.20.2 NMAC New Mexico Public Schools
1.20.3 NMAC New Mexico Colleges and Universities
Fiscal Year 2016 Open Meeting Act Resolution click here (PDF will open in new window).
New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015
NOTICE OF PUBLIC HEARING 8.8.3 NMAC and 8.17.2 NMAC
The Children, Youth and Families Department (CYFD), Early Childhood Services (ECS), will hold a formal public hearing on June 29, 2015, at 11:00 a.m. in Apodaca Hall located at 1120 Paseo de Peralta, Santa Fe, New Mexico, to receive public comments regarding changes to regulations NMAC 8.8.3 Children, Youth and Families General Provisions Governing Background Checks and Employment History Verification and 8.17.2 NMAC Non-Licensed Child Care Requirements Governing Registration of Non-Licensed Family Child Care Homes.
The proposed regulation changes may be obtained at www.newmexicokids.org or by calling 505-827-7499 or 1-800-832-1321. Interested persons may testify at the hearing or submit written comments no later than 12:00 p.m. on June 29, 2015. Written comments will be provided the same consideration as oral testimony given at the hearing. Written comments should be addressed to: Jeffrey Miles, Child Care Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe, New Mexico 87502-5160, Fax Number: 505-827-9978. For questions regarding the proposed regulation changes, please call 505-827-7499 or 1-800-832-1321.
If you are a person with a disability and you require this information in an alternative format or require special accommodations to participate in the public hearing, please call 505-827-7499 or 1-800-832-1321. ECS requests at least 10 days advance notice to provide requested alternative formats and special accommodations.
NOTICIA DE AUDICION PÚBLICA 8.8.3 NMAC and 8.17.2 NMAC
El Departamento de Niños, Juventud y Familias (CYFD), Servicios de Niñez Temprana (ECS), tendrá una audición formal para el público el lunes, 29 de junio de 2015, a las 11:00 de la mañana en el salón Apodaca, localizado en 1120 Paseo de Peralta, Santa Fe, New Mexico, para recibir comentarios públicos con respecto a cambios propuestos a las regulaciones NMAC 8.8.3 provisiones generale que gobernarn de antecedentes penales y verificación de historial de empleo y NMAC 8.17.2 de Sin-Licencias para Guarderías Administración de Registro de Sin-Licencias Casas de Familia Guardería.
Los cambios propuestos de la regulación pueden ser obtenidos en www.newmexicokids.org o por llamar 505-827-7499 o 1-800-832-1321. Las personas interesadas pueden testificar en la audición o someter comentarios escritos hasta las 12:00 de la tarde el día 29 de junio de 2015. Los comentarios escritos serán proporcionados la misma consideración como testimonio oral en la audición. Los comentarios escritos deben ser dirigidos a: Jeffrey Miles, Child Care Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe, New Mexico 87502-5160, Fax #: 505-827-9978. Preguntas con respecto a los cambios propuestos de regulación, por favor llame 505-827-7499 o 1-800-832-1321.
Si usted es una persona con incapacidades y usted requiere esta información en un formato alternativo o requiere alojamientos especiales para tomar parte en la audición pública, por favor llame 505-827-7499 o 1-800-832-1321. CYFD requiere aviso de las peticiones por lo menos 10 días de preaviso para proporcionar formatos solicitados alternativos y alojamientos especiales.