3090 - Electronic Document Retention and Archiving

Use of San Bernardino County Superintendent of Schools ("SBCSS") technology-based communication and information systems is for the purpose of carrying out official duties and responsibilities. In general, unless exempted by law or other applicable privilege, electronically generated or received documents or media may be considered public records. SBCSS employees or agents shall have no expectation of privacy in anything they send, receive, or store using SBCSS technology-based systems.

Subject to the list of exceptions, it shall be the policy of the SBCSS to retain electronically all emails received and sent by the SBCSS stored information for a period of at least three (3) years. Messages that have been stored for three (3) years are subject to deletion at any time at the SBCSS's discretion, unless provided in the exceptions below.
1. Definitions

1. Electronic mail (email) is defined as any message sent or received through SBCSS's email server(s) and network infrastructure. Such email may include, but is not limited to, correspondence, correspondence with attachments, schedules and calendars, and forms transmitted electronically.
2. SBCSS-owned technology systems include personal computers and laptops assigned to or used by SBCSS employees and students, networked computers, or other handheld computing devices.

2. Exceptions to Three Year Retention Policy

1. SPAM email – SPAM is unsolicited electronic mail, usually advertisements and other similar material. SPAM may be deleted permanently upon receipt.
2. Personal email – Messages created by SBCSS employees on SBCSS computer systems that have no connection to SBCSS business or litigation may be deleted at any time by SBCSS. Personal messages left on SBCSS computer systems are subject to discovery.
3. Discovery – Upon receipt of a notice of impending discovery or litigation, all messages relevant to the discovery request or litigation shall be retained indefinitely, or until advised by SBCSS's legal counsel that the messages are no longer subject to litigation. This includes all relevant personal messages stored on SBCSS computer systems.
4. Matter subject to litigation – All SBCSS employees who become aware of any incident that may subject SBCSS to litigation shall inform their supervisor immediately. Any and all e-mails pertaining to that incident, including personal e-mails, shall be retained indefinitely, or until advised by SBCSS's legal counsel that the SBCSS is no longer subject to discovery or litigation.
5. E-mail requiring longer retention – There may be categories of messages that, by law, require retention beyond one year. These e-mails shall be retained in accordance with applicable law (California Code of Regulations sections 59023 and 16203) by the recipient of the message(s) in consultation with SBCSS legal counsel. Department directors shall provide guidance to staff about e-mails that should be retained beyond one year. E-mail that continues to be useful for SBCSS administrative, personnel, or fiscal purposes may also be retained while, in SBCSS discretion, the e-mail remains useful.

3. Email Retention

1. SBCSS maintains a server-based electronic mail system. While users have the ability to manually delete email messages, no electronic messages are deleted automatically unless the individual user employs an automated Mail Rule to do so (i.e., creating a “Spam” rule that automatically deletes Spam messages after a predetermined amount of time). Users may manually delete email that is outdated or unnecessary for their job performance, unless otherwise required by law or as otherwise set forth in this Policy.
2. Users shall not delete any email that is considered a useful record for administrative, personnel or fiscal purposes, or when there is reason to believe the email is (or will be) subject to litigation or discovery order.
3. In the case of email subject to litigation or a discovery order, email generated or received by SBCSS employees with potentially relevant information shall not be deleted by the user until advised by SBCSS legal counsel that it is no longer subject to discovery or litigation. SBCSS will also initiate an employee “litigation hold” system that will retain messages per the requirements of the records retention request. The Human Resources branch will be responsible for requesting the use of the “litigation hold.” All requests for the use of the “litigation hold” feature will be sent to the director of Technical Services or the Chief Technology Officer. All “litigation hold” requests will come from the director of Risk Management, or the directors of Human Resources, or the Assistant Superintendent of Human Resources.
4. Included with the server-based email system, the Technology Services department shall maintain an email archival system that will archive, for a period of three (3) years, all messages received and sent by all SBCSS users. The system will be able to search for, find, and export records as required by a discovery order.
5. This email archival system will automatically delete all email records after 3 years, unless there is an established reason to retain records for a longer period of time, such as anticipated or pending litigation.

Approved: September 1, 2020