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R.S. 44:36 provides that “public records shall be preserved in accordance with a retention schedule adopted by the state archivist and director of the division of archives, records, management, and history of the Department of State, but in absence of the adoption of such a schedule, the records must be preserved and maintained for a period of at least three years from the date on which the public record was made.”
Although, the minimum legal requirement, without a records retention schedule, is at least three years, some records are required to be kept longer based on state or federal law. For example, tax records have a seven year retention requirement, and some personnel records are required to be kept permanently. These different retention requirements based on the type of records at issue is why it is important for public entities to develop a records retention schedule.
As this entity does not have a records retention schedule, they should get guidance from the Secretary of State via the State Archives and Records Management Division to develop one. See AG Op. No. 00-0495
Louisiana Legislative Auditor website: 12/30/2024 10:43:48 PM
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