Schedule No. 80 Legislation and Legal Counsel Records
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Issued: July 2012
General Description: Records pertaining to claims, lawsuits and advice received from legal counsel.
No record may be destroyed under this General Retention Schedule without the approval from the Records Department and the City and County of Denver’s Records Manager. Additionally, no record may be destroyed if the record is subject to an active litigation hold (refer to Executive Order 143-C). For additional information about the records program or records retention refer to Executive Order 143-B. The Records Management Program Policies and Procedures Manual for instruction about records creation, management, and disposition of individual records. The minimum retention periods specified in this schedule apply to the information contained within the record, regardless of the format of the record (paper, microfilm, electronic, etc.). Each agency must decide on the format for retention of each type of record, ensuring authenticity, readability, and accessibility for the entire retention period. Duplicate copies are NOT records. Copies that are created for administrative, convenience, reference or other purpose are NOT records and should be retained only until no longer useful. Electronic Records and Data must remain accessible, authentic, reliable, and useable through any kind of system change, update, or system end of life for the entire period of its retention, which shall be defined by information-type, as presented in this General Retention Schedule. Provided the data is an accurate representation of the information contained in the source documents from which the data was derived, the source documents need not be retained unless they contain other record information not contained in the electronic repository.
Note: The documents described below may be confidential and subject to the Attorney-Client or Work Product privileges. Even so, the documents must be retained in accordance with this schedule.
- Claim Notifications
Records of notifications of claims regarding potential lawsuits that are forwarded to legal counsel and/or the insurance carrier.
Retention: 6 years after closure of claim
- Medical Records – Personal Injury Claims
Medical records that provide supporting documentation needed for resolution of personal injury claims.
Retention: Until claim is resolved, then evaluate for continuing value prior to destruction
80.020 CRIMINAL CASE FILES
Files used by prosecutors to conduct trials against persons charged with criminal misdemeanors, including citations, police reports, driving records, complaints, subpoenas, motions, judgments and related records.
Retention: 2 years after case is closed
80.030 LEGAL COMMUNICATIONS
See Schedule 145.030*
80.041 LITIGATION CASE RECORDS
Civil case files documenting pending and closed cases filed by Denver and against the Denver, including legal documents, notes, reports, background material, settlement records and other documentation created in handling of claims and legal disputes and civil actions between Denver and other parties. These records will include documentation such as complaints, summonses, investigations, reports, attorney's notes, photographs, orders and judgments, dispositions, pleadings and related records. Litigation records include any court decisions affecting Denver, court proceedings, research files of legal counsel, litigation case files, and regulatory hearing files.
Documentation of civil suits by the Denver against another party or in defense of the Denver and/or its employees against suits filed by another party in a matter that sets legal precedent, that has widespread importance or long-term major significance to Denver and how it operates, that has historical interest or that is perceived by Denver or legal counsel to have enduring reference value.
Documentation of civil suits of a minor nature by the City against another party or in defense of the Denver and/or its employees against suits filed by another party, records of litigation with relatively short-term reference value.
Retention: 7 years after case closed, dismissed or date of last action unless there is historical value.
Agreements and contracts – 40.030*, Agreements and Contracts
Billings to outside legal counsel – 30.010*, Accounts Payable (A/P) Records Correspondence – Schedule 145*, Correspondence Records
Garnishments – 150.010*, Basis of Pay
Policies and procedures – 40.220*, Policies and Procedures Documentation Reports – 40.290, Reports
Risk management – Schedule 105, Risk Management
Rules, regulations, and standards – 40.310, Rules, Regulations and Standards Legal Communications – 145.030*, General Correspondence