46 Pa. Code § 15.53

Current through Register Vol. 54, No. 50, December 14, 2024

Section 15.53 - Administrative and legal records

These records shall be maintained as follows:

(1)Administrative and subject files. Often referred to as administrative files, general correspondence, program files or subject files, these records may include correspondence, reports, program forms and other records created or received in the course of administering specific programs and providing basic municipal services. Portions of the file or the complete file may contain records which summarize primary program activities and functions such as annual departmental/office reports, procedural manuals, long-term studies or comprehensive program assessment studies, series of bulletins/newsletters and other published materials created in connection with special events or the administration of ongoing programs, and correspondence documenting agency policy. The files may also include or consist primarily of routine correspondence; replies not part of a specific case file; communications on supply, maintenance and other internal operations matters; correspondence of a transitory nature having no value after an action is completed and general housekeeping records.

(i) Records that summarize the origin and administration of major municipal policies and programs should be retained permanently.

(ii) Routine correspondence and program files, and housekeeping records should be retained as long as of administrative value.

(2)Agendas for meetings of governing body, board, agency, commission or committee thereof. Retain one copy permanently if not included with minutes. Retain duplicate copies as long as of administrative value.

(3)Annexation, consolidation and boundary change records. Retain these records permanently.

(4)Bonds; performance and security. Retain these records for 6 years after expiration. If bonds are part of a contract, retain as prescribed by the retention period for contracts.

(5)Bylaws, regulations and rules of order. Retain these records 5 years after superseded or revoked.

(6)Cemetery records.

(i)Burial/exhumation/removal records. Retain these records permanently.

(ii)Lot location files. Retain these records permanently.

(iii)Lot ownership records . Retain these records permanently.

(7)Charters, corporate name change records, incorporation certificates and related amendments. Retain these records permanently.

(8)Contract files; includes advertisements, bid summary and tabulation sheets, franchises, instructions to bidders, leases or agreements, specifications and supporting workpapers.

(i)Bids and proposals.

(A) If successful, retain 6 years after termination of general written contracts. Retain 12 years after termination of construction contracts.

(B) If unsuccessful, retain 3 years after job completion.

(ii)Contracts and agreements. Retain general written contracts 6 years after termination. Retain construction contracts 12 years after termination.

(9)Deeds and related land records. Retain these records permanently.

(10)Disaster plans for municipal facilities. Retain these records until superseded or obsolete.

(11)Easements. Retain these records permanently.

(12)Election records. Retain these records as follows:

(i)Certificates of election. Retain these records 6 years.

(ii)Certifications for referenda. Retain these records permanently.

(iii)Notices of nominations to be made. Retain these records 11 months.

(13)Ethics Commission statements of financial interest. Retain these records 5 years.

(14)Executive vetoes and veto messages. Retain these records permanently.

(15)Grant administration records; includes fiscal and program records. Comply with retention requirements promulgated by the appropriate administering/funding/licensing agency.

(16)Hazardous substance survey forms. Retain these records 30 years. If used as health and exposure record for employe involved in a specific incident, retain 30 years after termination of employment. (See § 15.55(8) (relating to personnel records).

(17)Historic preservation documentation submitted to the Commission.

(i)Environmental review papers. Retain these records 8 years.

(ii)Historical and architectural information inventory/survey data. Retain these records permanently.

(iii)National register of historic places documentation. Retain these records permanently.

(18)Insurance claims and policies. Retain claims 6 years after final settlement. Retain policies 6 years after expiration, if claims have been settled.

(19)Legislative investigation records. Retain these records 10 years; then contact State Archives regarding historical value.

(20)Litigation case files. Retain closed cases as long as of administrative and legal value. Retain cases of precedential value permanently.

(21)Mailing lists. Retain these records 1 year after superseded or obsolete.

(22)Master property and equipment/fixed assets inventories. Retain property and equipment inventories 5 years after superseded or obsolete. Retain fixed assets inventories permanently.

(23)Material safety data sheets. Retain these records 30 years. If used as health and exposure record for employe involved in a specific incident, retain 30 years after termination of employment. See § 15.55(8).

(24)Minutes. Retain the following records permanently: records accepted as part of the minutes, minutes of the governing board and other municipal boards, authorities and commissions and committees thereof; including, but not limited to; records from the board of health; charter commission; civil service commission; emergency medical services council; library board; licensing and review boards; municipal authorities such as industrial development, parking, sewer, traffic, transit and water; park and recreation board; pension board, planning commission, shade tree commission and zoning hearing board.

(25)Municipal obligations.

(i)Bonds and coupons. Retain these records 6 years after cancellation.

(ii)Bond ledgers and books. Retain these records permanently.

(iii)Cancelled notes. Retain these records 6 years.

(26)Municipal records disposal certification request forms, submitted to the Commission. Retain these records permanently.

(27)Notices of violation of municipal ordinance. Retain these records 30 days after issue is settled or resolved.

(28)Oaths of municipal officials. Retain these records 6 years.

(29)Ordinances. Retain these records permanently.

(30)Petitions. Retain these records 5 years. Retain permanently those records resulting in an ordinance or charter change.

(31)Photographs. The records include photographs of municipal officials, buildings, public celebrations, and the like. Retain these records as long as of administrative value; then contact State Archives regarding historical value.

(32)Press releases. Retain these records as long as of administrative value.

(33)Proclamations of official municipal events. Retain these records permanently.

(34)Public hearing notices and proof of publication. Retain these records 10 years.

(35)Real estate registry records. Retain these records permanently.

(36)Reports.

(i)Annual municipal and municipal department/board/commission reports. Retain these records permanently.

(ii)Quarterly, monthly and other periodic routine activity reports . Retain these records as long as of administrative value.

(37)Requests for service records.

(i)Sheets/forms. Retain these records 1 year after satisfaction of request.

(ii)Summary service logs/registers. Retain these records as long as of administrative value.

(38)Resolutions. Retain these records permanently.

(39)Rosters of officials, submitted to the Department of Transportation. Retain these records permanently.

(40)Sales and use tax exemption certificates. Retain these records 3 years from the end of the year in which the last sale or lease takes place.

(41)Solicitor's records.

(i)Case files. Retain closed cases as long as of administrative and legal value. Retain cases of precedential value permanently.

(ii)Opinions. Retain these records permanently.

(42)Survey of financial condition forms, submitted to the Department of Community Affairs. Retain these records 3 years.

(43)Survey records, including employe and opinion surveys and summaries. Retain routine surveys as long as of administrative value. Retain those relating to budget or charter changes permanently.

(44)Treasurers' bond certifications, submitted to the Department of Transportation. Retain these records 7 years.

46 Pa. Code § 15.53

The provisions of this § 15.53 adopted February 18, 1994, effective 2/19/1994, 24 Pa.B. 993.

This section cited in 46 Pa. Code § 15.51 (relating to general provisions); 46 Pa. Code § 15.52 (relating to applicability); and 46 Pa. Code § 15.55 (relating to personnel records).