General

NOTE: Software and software manuals and documentation are not considered “records” under the Local Government Records Law. Colleges and the University should, however, retain older versions of software, as well as relevant manuals and documentation, to document the operation of systems related to public safety for legal purposes, such as defending the integrity of systems in court actions. Contact your Records Management Coordinator for advice in this area prior to destroying outdated software and related documentation.

1[471] Accreditation records for law enforcement, fire prevention, or emergency medical services agency or unit

RETENTION: PERMANENT

2[800] Emergency vehicle, apparatus, and equipment records

a. Vehicle upkeep and use records, including records of incidents where vehicle responded and equipment was used

RETENTION: 3 years

b. Vehicle readiness checklist or equivalent record for any emergency vehicle, needed to ensure that necessary equipment and material is in place and in proper order

RETENTION: 3 years

c. Record of equipment (other than firearms or other weapons) issued to public safety personnel

RETENTION: 1 year after equipment returned or otherwise disposed of

NOTE: See item no. 24 [494] in this section for records of issuance of firearms or other weapons to public safety personnel

NOTE: Items covering purchase, warranty, repair, fuel use, and replacement are found in the Public Property and Equipment section in this Schedule.

3[435] Training records for campus peace officers, but excluding emergency medical personnel

a. Individual’s record of courses attended and/or completed, including basic information on course content

RETENTION: 6 years after individual leaves service

b. Official copy of training manual or bulletin

RETENTION: 50 years

c. Course instruction records, including attendance lists and lesson plans

RETENTION: 1 year

NOTE: For emergency medical training records of college and University employees, see item no. 14 [441] in this section. This item also does not cover employee training course information records described in item no. 36 [584] in the General section, or training in radiation program safety or dealing with toxic substances (see item nos. 15 [763] and 17 [325] in the Environmental section).

4[802] Public safety personnel service data file or equivalent record, including incident and activity attendance information showing names of personnel present at fire or other emergency, drills, meetings, and other official activities

a. Summary data on an individual

RETENTION: 3 years

b. Detailed data on an individual, when posted to or listed on summary data file or other record

RETENTION: 1 year

c. Detailed data on an individual, when not posted to or listed on summary data file or other record

RETENTION: 3 years

NOTE: This item does not cover the personnel records of officer, employee, or volunteer. See the Personnel/Civil Service section in this Schedule.

5[803] Public safety real property data file, containing basic and detailed information on land and structures, including hazards, property inspections, and individuals associated with properties

a. Basic or ” history file” data

RETENTION: Maintain as updated perpetual data file for as long as system remains in use and property covered comes under service area

NOTE: Colleges and the University should consider permanent retention of the basic data elements of these property “history” files for all parcels of property, or the creation and permanent retention of “snapshots” of these data. This information may be useful for long-range planning purposes, for community, urban planning, and public safety issues, and for other research. Contact your Records Management Coordinator for additional advice.

b. Detailed data, including plans and computer-assisted design records

RETENTION: 0 after superseded or obsolete

c. Records of updates and corrections to property data

RETENTION: 3 years after update or correction made

6[804] Documentation of macros, queries, and reports

a. Relating to specific case investigation or subject file

RETENTION: As long as case investigation or subject file for which documentation is created is retained

b. Not relating to specific case investigation or subject file

RETENTION: 0 after no longer needed

NOTE: Depending on the results obtained from generating these macros, queries, and reports, college and University officials may need to retain these records for potential legal and other uses. Contact the University’s Public Safety Office for additional advice.

7[806] Standard Operating Procedures for call receipt and dispatch, including codes, abbreviations, and authority file data

RETENTION: PERMANENT

NOTE: Detailed routine procedures are covered by item no. 9 [9] in the General section.

8[432] Communications log (radio, telephone, alarm, or other) recording each communication between caller and receiving unit or between dispatch unit and mobile unit or field personnel, for law enforcement agency or emergency medical or central emergency dispatch unit

RETENTION: 3 years after last entry

NOTE: Records custodians should contact the University’s Public Safety Office before these records are disposed of regarding any potential legal value.

9[433] Tape recording of communications kept by dispatch unit of law enforcement agency or emergency medical service or central emergency dispatch unit

RETENTION: 30 days after information posted to emergency call receipt and/or equipment dispatch record

NOTE: Records custodians should contact the University’s Public Safety Office before these records are disposed of regarding any potential legal value. Recordings of serious incidents may warrant longer retention for legal reasons. These tapes should be retained until legal action is resolved, or the relevant specific communications should be transferred onto a separate tape. Contact your Records Management Coordinator for additional advice.

10[799] Call receipt and dispatch-related reports, other than individual incident reports

a. Summary data reports and detailed reports containing information of potential legal or fiscal value

RETENTION: 6 years

b. Internal information reports of no legal or fiscal value, such as daily activity reports

RETENTION: 0 after no longer needed

11[891] Campus safety records

a. Annual security report

RETENTION: PERMANENT

b. Notice of availability of the annual security report and related records as distributed or made available to enrolled and prospective students and current and prospective employees

RETENTION: 3 years after superseded or obsolete

c. Designation of employee(s) authorized to assist enrolled and prospective students obtain the annual security report and related records

RETENTION: 3 years after superseded or obsolete

d. Crime statistics, including lists of crimes by location and relevant maps, other than those statistics included in the annual security report

RETENTION: 3 years

e. Crime logs

RETENTION: 3 years

NOTE: College and University security units should use the Public Safety section in this Schedule whether or not they have been recognized as accredited law enforcement agencies. This item covers records that must be maintained under the Clery Act regulations – Section 668.46 of 34 CFR (Institutional Security Polices and Crime Statistics).

NOTE: Sexual offense or alcohol or drug abuse investigation records are covered by item no. 21 [460] in this section. Lists and other records of parolees and sex offenders are covered by item nos. 35 [468] and 36 [830] in this section. Accident or incident reports that are not crime-related are covered by item nos. 31 [31] and 32 [32] in the General section.

Emergency Medical Services

12[808] Patient care records

a. Ambulance run or prehospital care record created each time a patient is transported by emergency vehicle and/or administered medical treatment

RETENTION: 6 years, or 0 after individual treated and/or transported attains age 21, whichever is longer

b. Patient care data file, containing medical treatment and/or billing information on individual treated by emergency medical personnel

RETENTION: 6 years, or 0 after individual treated and/or transported attains age 21, whichever is longer

c. Summary record of all patients treated and/or transported

RETENTION: 3 years

13[440] Ambulance run or emergency medical treatment chronological log, or equivalent record

RETENTION: 6 years after last entry

14[441] Emergency medical training records, covering college and University employees who receive training

a. Application for training or certification filed by individual

RETENTION: 6 months

b. Original entry training records, when posted to summary record

RETENTION: 1 year

c. Original entry training records, when not posted to summary record

RETENTION: 7 years

d. Summary record of training

RETENTION: 7 years

NOTE: College and University officials may want to keep these records longer, possibly for the career of the individual, if the records are consulted throughout that period.

e. Course materials, except final or annual reports

RETENTION: 7 years after course completed

NOTE: This item does not cover employee training course information records described in item no. 36 [584] in the General section, training in radiation program safety or dealing with toxic substances (see item nos. 15 [763] and 17 [325] in the Environmental section), or training records for campus peace officers (see item no. 3 [435] in this section).

NOTE: This item also does not cover emergency medical training records covering a college or the University as a course sponsor (see item no. 15 [809] in this section).

15[809] Emergency medical training records, covering a college or the University as a course sponsor, including but not limited to information on individuals, course files, and information on instructors, as required by Section 800.20, 10 NYCRR

a. Information on individuals and course files

RETENTION: 5 years

b. Information on instructors

RETENTION: 5 years after working association of each instructor ceases

NOTE: This item does not cover emergency medical training records covering college and University employees who receive training (see item no. 14 [441] in this section).

16[810] Rescue and disaster response reports and related records covering specific incidents

RETENTION: 3 years, or 0 after youngest person involved attains age 21, whichever is longer

NOTE: Specific rescue and disaster response records should be appraised for historical value and may warrant permanent retention, based on the serious nature of the incident involved, particularly if these records are not duplicated in disaster response files covered by item no. 2 [136] in the Disaster Preparedness section. Contact your Records Management Coordinator for additional advice.

Fire Prevention

17[118] Fire safety inspection reports prepared pursuant to Section 807-b, Education Law

RETENTION: 21 years

18[449] Fire evacuation plan, disaster response plan, fire drill report, fire safety survey, but not including mutual aid plan

RETENTION: 3 years after superseded or obsolete

NOTE: See item no. 2 [80] in the Disabled Students section for disabled student emergency evacuation plan.

Law Enforcement: General

19[458] Incident data summary record, including blotter, “desk record book,” or equivalent record containing summary record of department or station activities

RETENTION: PERMANENT

20[466] Law enforcement reports, studies, or data queries, including their documentation

a. Reports, studies, or queries having legal or fiscal value, such as reports covering use of equipment and personnel resources, reports on crime in specific areas or on specific kinds of criminal activity, daily activity reports, and individual officer “diaries”

RETENTION: 6 years

NOTE: Appraise records covered by part “a” for archival value. Reports and studies analyzing law enforcement activity for a specific kind of criminal activity or a given area may be valuable for long-term planning, analysis of trends in law enforcement, and historical and other research. Contact your Records Management Coordinator for additional advice.

b. Reports, studies, or queries having no legal or fiscal value, such as daily communications or other routine internal reports

RETENTION: 0 after no longer needed

21[460] Case investigation record for adult, juvenile offender, youthful offender, or juvenile delinquent, including but not limited to complaint, investigation report, arrest report, property record, and disposition of the case

a. For homicides, suicides, arson (first, second or third degree), missing persons (until located), active warrants, and stolen or missing firearms (until recovered or destroyed)

RETENTION: PERMANENT

b. For all felonies except those covered by parts “a” and “c”, and fatalities other than homicides

RETENTION: 25 years after case closed

NOTE: Appraise case investigation files for these felonies for historical and other research value, as well as for analysis of long-term trends. Contact your Records Management Coordinator for additional advice.

c. For fourth degree arson and non-fatal accidents

RETENTION: 10 years after case closed

d. For misdemeanor

RETENTION: 5 years after case closed

e. When offense involved was a violation or traffic infraction

RETENTION: 1 year after case closed

f. When the individual involved was an adult and the investigation reveals no offense has been committed

RETENTION: 5 years

g. When the individual involved was a juvenile and no arrest was made or no offense was committed

RETENTION: 0 after individual attains age 19

h. Domestic incident report created pursuant to Section 140.10(5), Criminal Procedure Law, when case investigation record is created

RETENTION: 4 years, or as long as rest of case investigation report is retained, whichever is longer

NOTE: For such domestic incident reports when a case investigation report is not created, see item no. 32 [829] in this section.

Law Enforcement: Firearms

22[490] Firearm licensing file, including application for license to sell, carry, possess, repair, and dispose of firearms, and supporting records, such as affidavit of character reference and verification of reason for license

a. When application is approved

RETENTION: 6 years after license renewed, canceled, revoked, or expired, or after individual is known to have deceased or attained age 90

b. When application is disapproved

RETENTION: 6 months (if no litigation is brought), or 6 months after any litigation has been completed, whichever is applicable

23[491] Individual firearm purchase record

RETENTION: 6 years

24[494] Records of issuance of firearms or other weapons to law enforcement personnel

RETENTION: 3 years after return or other disposition of weapon

25[495] Repair and maintenance records for firearms or other weapons used by law enforcement personnel

RETENTION: 3 years after weapon no longer in use

26[817] Record of stolen or missing firearms

RETENTION: 0 after all firearms located or destroyed

Law Enforcement: Motor Vehicles

27[481] Traffic and parking violation records, including parking, speeding, or other appearance ticket; officer’s supporting deposition; parking violation hearing records; “boot and tow” records; and related records

RETENTION: 2 years after payment of fine, or 2 years after any litigation has been completed, whichever is applicable

28[482] Vehicle accident case record, including vehicle accident report and related records

RETENTION: 6 years (if no litigation is brought), or 6 years after any litigation has been completed, whichever is applicable, but not before youngest individual involved attains age 21

NOTE: This item does not cover the case investigation record (see item no. 21 [460] in this section).

29[483] Vehicle history files containing information on specific vehicles or vehicle models, including vehicles that have been involved in accidents or used in the commission of crimes

RETENTION: 0 after no longer needed

30[484] Individual’s driving and accident records

a. Order, report, or notice concerning vehicle operator’s license or registration, including but not limited to order of suspension or revocation of license, notice of compliance with order of suspension or revocation, notice of noncompliance, notice of restoration of license, and report of lost or stolen plates

RETENTION: 3 years

b. Driver’s summary record of accidents, violations, and other activities

RETENTION: 0 after death of individual, or 90 years after date of birth, if death not verified

Law Enforcement: Miscellaneous

31[459] Warrant execution and subpoena or summons service records

a. Original signature copies of arrest and other warrants executed by law enforcement agency

RETENTION: 5 years after warrant executed or recalled

b. Other warrant-related records, including copies without original signatures and warrant control records

RETENTION: 5 years after last entry

c. Copies of subpoenas and summonses, and records of their service

RETENTION: 2 years

d. Warrant information file

RETENTION: Maintain data on each warrant as long as warrant is valid

32[829] Domestic violence records, covering single or multiple incidents, not relating to specific case investigation records, including domestic incident report created pursuant to Section 140.10(5), Criminal Procedure Law, when no case investigation record is created

RETENTION: 4 years

NOTE: For domestic incident reports created pursuant to Section 140.10(5), Criminal Procedure Law, when a case investigation record is created, see item no. 21 [460] in this section.

33[463] Escort service record, including activities such as accompanying employees or students to a parking lot

RETENTION: 3 years

34[464] Vacant place check record, including vacant houses and other places to be checked during patrols

RETENTION: 0 after superseded or obsolete

35[468] Parolee and sex offender records

a. Lists of parolees or sex offenders living within a jurisdiction

RETENTION: 0 after superseded or obsolete

b. Detailed records on individual parolee or sex offender

RETENTION: 0 after person’s parole terminated

NOTE: This item does not include records created pursuant to the Sex Offender Registration Act (see item nos. 36 [830] and 37 [831] in this section).

36[830] Subdirectory of high-risk (level 3) sex offenders

RETENTION: 0 after superseded or obsolete

NOTE: The Division of Criminal Justice Services (DCJS) strongly recommends the destruction of superseded information as soon as superseding information is received.

37[831] Sex offender registration records, including but not limited to official notification upon registration, change of address information, determination of final risk level, notification of error or change in jurisdiction, notification that offender is no longer registerable, annual address verification, 90-day personal verification (for level 3 offenders), and community notification information

a. For level 1 or 2 offender, when offender remains in local law enforcement agency’s jurisdiction

RETENTION: 0 after death of individual, or 5 years after completion of registration period, whichever is shorter

NOTE: If these records are included in case investigation records, see item no. 21 [460] in this section.

b. For level 1 or 2 offender, when offender has left local law enforcement agency’s jurisdiction

RETENTION: 0 after death of individual, or 5 years after offender leaves jurisdiction, whichever is shorter

c. For level 3 offender, when offender remains in local law enforcement agency’s jurisdiction

RETENTION: 0 after death of individual, or individual attains age 100, whichever is shorter

d. For level 3 offender, when offender has left local law enforcement agency’s jurisdiction

RETENTION: 0 after death of individual, or 5 years after offender leaves jurisdiction, whichever is shorter

38[470] Missing person records

a. Missing person files, covering any records not included in case investigation records

RETENTION: 10 years, or 0 after individual attains age 90, whichever is longer

NOTE: If these records are included in case investigation records, see item no. 21 [460] in this section.

b. Validation records received from and submitted to Division of Criminal Justice Services (DCJS)

RETENTION: 6 months

39[473] Child abuse or maltreatment reports and related records, reporting law enforcement agency copy, when not included in case investigation record

RETENTION: 3 years

NOTE: This item covers copies of child abuse and maltreatment reports and related records retained by law enforcement agencies reporting suspected abuse and maltreatment to the State Central Register or to child protective services units of county social services departments. If these records are included in case investigation records, see item no. 21 [460] in this section.

40[835] Lists and posters showing “most wanted” persons, and all points bulletins (APBs)

RETENTION: 0 after superseded or no longer needed

41[836] NYSPIN validation records, including monthly print-out received from the State Police and related system entry validation records

RETENTION: 13 months from date report received

42[837] NYSPIN system purging records, including “purge reports” received from the State Police and records relating to data reentry

RETENTION: 0 after any necessary data reentry completed

43[838] NYSPIN message records, covering any messages sent or received over NYSPIN system

RETENTION: 0 after no longer needed

NOTE: The State Police strongly recommend that local law enforcement agencies consider retaining significant messages as part of case investigation records (see item no. 21 [460] in this section). Contact the University’s Public Safety Office for additional advice.

44[839] Daily “archive” information retained in electronic format (on removable electronic media) from NYSPIN system

RETENTION: 0 after no longer needed

NOTE: The State Police strongly recommend that local law enforcement agencies consider retaining archive data as long as may be needed for convenience of reference. Contact the University’s Public Safety Office for additional advice.

45[840] Log of all transactions, covering all data entry into NYSPIN system

RETENTION: 0 after no longer needed

NOTE: The State Police strongly recommend that local law enforcement agencies consider retaining electronic logs as long as may be needed for convenience of reference. Contact the University’s Public Safety Office for additional advice.

46[841] Individual person’s authorization to use the NYSPIN system

a. Records created by a college or the University, including records of individual’s training and acknowledgment of test results

RETENTION: 0 after individual no longer authorized to use the system

b. Listing of authorized individuals received from the State Police

RETENTION: 0 after no longer needed

47[842] Miscellaneous paper records created from former version of NYSPIN system in use prior to 1996

RETENTION: 0 after no longer needed