That's good to know, Ginny, thanks for posting. The citation is useful. Archivists also have a Code of Ethics. Ideally, both RMs and archivists can push to do the right thing without being fired. Sometimes you can only push so far. Natch, I think sometimes of the quote from Richard Nixon, later made public, in which he said something along the line of: the [expletive deleted] lawyers are always telling me what I can't do. I'm going to fire them and get lawyers who will let me do it. Sorry I don't have time to find the exact quote and to provide an URL but you get my drift. Fingers crossed that none of you in either the archival or RM field ever find yourselves in such a situation! Thanks again, Ginny. Maarja -----Original Message----- From: [log in to unmask] To: [log in to unmask] Sent: Fri, 18 Aug 2006 11:57 AM Subject: Re: Rachel's CA question, nuance, situational ethics, etc.-- LONG! I do not know much about the CA, but the CRM designation includes adherence to a Code of Ethics. It is mostly based on honor, but if someone believes the Code has been violated by a CRM, it is investigated by the ICRM. The Code requires a high degree of professionalism, and the first two elements (below) seem to apply to the scenario Maarja outlined. Very clearly, the Records Manager in the scenario should question "temporary" retention values of any kind and definitely should document the logic behind any assigned retention value. Certified Records Managers should maintain high professional standards of conduct in the performance of their duties. The Code of Ethics is provided as a guide to professional conduct. 1.Certified Records Managers have a professional responsibility to conduct themselves so that their good faith and integrity shall not be open to question. They will promote the highest possible records management standards. 2.Certified Records Managers shall conform to existing laws and regulations covering the creation, maintenance, and disposition of recorded information, and shall never knowingly be parties to any illegal or improper activities relative thereto. 3.Certified Records Managers shall be prudent in the use of information acquired in the course of their duties. They should protect confidential, proprietary and trade secret information obtained from others and use it only for the purposes approved by the party from whom it was obtained or for the benefit of that party, and not for the personal gain of anyone else. 4.Certified Records Managers shall not accept gifts or gratuities from clients, business associates, or suppliers as inducements to influence any procurements or decisions they may make. 5.Certified Records Managers shall use all reasonable care to obtain factual evidence to support their opinion. 6.Certified Records Managers shall strive for continuing proficiency and effectiveness in their profession and shall contribute to further research, development, and education. It is their professional responsibility to encourage those interested in records management and offer assistance whenever possible to those who enter the profession and to those already in the profession. Ginny Jones (Virginia A. Jones, CRM, FAI) Records Manager Information Technology Division Newport News Dept. of Public Utilities Newport News, VA [log in to unmask] -----Original Message----- From: Archives & Archivists [mailto:[log in to unmask]] On Behalf Of [log in to unmask] Sent: Friday, August 18, 2006 11:30 AM To: [log in to unmask] Subject: Rachel's CA question, nuance, situational ethics, etc.-- LONG! As I mentioned in earlier postings, I've been mulling over some of these, in light of the certification debate. So, here goes. A records manager (or archivist) might work for a small private sector firm where he knows the boss and the top managers. The company provides him and others with good jobs and secure employment. Without getting into the question of whether or not the product they produce is good and safe or faulty, what if the company suddenly faced litigation? Pertinent records might have existed at one time but had a relatively short retention period. There may have been some debate among the creators, lawyers and the records manager about the correct retention period. The lawyers and corporate managers may have expressed a view that "this could be dangerous to leave around." Their views prevailed and the RM went ahead and scheduled the records as temporary, with short retention, despite some misgivings. (Let's stipulate that there was no regulatory or legal requirement that governed and set retention. However, the RM knew that best practices usually resulted in a longer retention period. Something in the environment in the company made others reluctant to accept longer retention, however.) The company receives a document discovery request. The company's lawyers breathe a sigh of relief -- no paper trail to haunt the defendants. The plaintiffs do not prevail in court and the matter is dropped. The records manager might easily go about his business, and, since he likes his boss and wants the company to succeed in its enterprises, may think,"well, whatever was in those records, we followed our schedule, our decision to schedule them was discretionary, rather than regulatory. They're gone, we dodged a bullet, and everything is ok." But what if the records belong to the government, not a company? And there is a public interest in the matter, which has national import? The situation can take a very different twist, here. The stakes are different, for one thing. A posting from the Archives & Archivists LISTSERV List sponsored by the Society of American Archivists, www.archivists.org. For the terms of participation, please refer to http://www.archivists.org/listservs/arch_listserv_terms.asp. To subscribe or unsubscribe, send e-mail to [log in to unmask] In body of message: SUB ARCHIVES firstname lastname *or*: UNSUB ARCHIVES To post a message, send e-mail to [log in to unmask] Or to do *anything* (and enjoy doing it!), use the web interface at http://listserv.muohio.edu/archives/archives.html Problems? Send e-mail to Robert F Schmidt <[log in to unmask]> ________________________________________________________________________ Check out AOL.com today. Breaking news, video search, pictures, email and IM. All on demand. Always Free. A posting from the Archives & Archivists LISTSERV List sponsored by the Society of American Archivists, www.archivists.org. For the terms of participation, please refer to http://www.archivists.org/listservs/arch_listserv_terms.asp. To subscribe or unsubscribe, send e-mail to [log in to unmask] In body of message: SUB ARCHIVES firstname lastname *or*: UNSUB ARCHIVES To post a message, send e-mail to [log in to unmask] Or to do *anything* (and enjoy doing it!), use the web interface at http://listserv.muohio.edu/archives/archives.html Problems? Send e-mail to Robert F Schmidt <[log in to unmask]>