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Maintaining and updating records is a task that local government offices undertake regularly, with the State 44905 form playing a crucial role in this process. Designed by the Indiana Commission on Public Records, this form serves as an official notice of the destruction of public records, ensuring that the process is carried out transparently and within legal boundaries. It involves a systematic approach, starting with the completion of the form, which details the specifics of the records to be destroyed, including the title, date, and volume of records, as well as the authority under which the destruction is taking place. The requirement to send the original form to the Clerk of the Circuit Court, a copy to the Indiana Commission on Public Records, and retaining a copy for one's records, underscores the importance of accountability and record-keeping. Additionally, the form includes a records measurement table, providing a standardized method for quantifying records, further simplifying the process. With the form applicable to records contained in various formats and storage sizes, from standard Archives boxes to legal size file drawers, it embodies a thorough approach to record management tailored for local government entities in Indiana.

Sample - State 44905 Form

NOTICE OF DESTRUCTION

(Local Government Public Records)

State Form 44905 (R3 / 11-10)

INDIANA COMMISSION ON PUBLIC RECORDS

402 West Washington Street, Room W472

Indianapolis, Indiana 46204

INSTRUCTIONS: 1. Complete this form, listing all requested information.

2.Send the original to the Clerk of the Circuit Court of your county.

3.Send a copy of this form to the Indiana Commission on Public Records at the above address.

4.Retain a copy of this form for your records.

RECORDS MEASUREMENT TABLE

1

Archives box (10" x 12" x 15") inside = 1 cubic foot of records

 

1

Linear foot of 8

1/2" x 14" documents = 1 cubic foot

1

Letter size file drawer = 1 1/2 cubic feet of records

 

 

1

Linear foot of 8

1/2" a 11" documents = 4/5 cubic feet

1

Legal size file drawer = 1 1/2 cubic feet of records

 

 

1

Linear foot of tab cards = 1/6 cubic feet

1

Number 11 record transfer box = 2 cubic feet of records

 

1

Linear foot of 3" x 5" cards = 1/9 cubic feet

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of office

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

Address (number and street)

 

 

City

 

 

ZIP code

 

 

 

 

 

 

 

 

Name of contact person

Telephone number

E-mail address

 

 

 

 

 

(

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TITLE OF RECORDS DESTROYED

 

DATE OF RECORDS

RECORD SERIES AUTHORITY

VOLUME (cubic feet)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Records destroyed according to a retention schedule approved for use by the Oversight Committee on Public Records and the Commission of Public Records of ____________________________________ County.

Signature of official destroying records

 

Date signed (month, day, year)

 

 

 

Printed name of official destroying records

Position

Date records destroyed (month, day, year)

 

 

 

Form Overview

Fact Detail
Form Purpose This form is used for notifying the relevant authorities about the destruction of local government public records in Indiana.
Governing Body Indiana Commission on Public Records
Location 402 West Washington Street, Room W472, Indianapolis, Indiana 46204
Required Steps Complete the form, send the original to the Clerk of the Circuit Court, a copy to the Indiana Commission on Public Records, and retain a copy for records.
Governing Law(s) Records are to be destroyed according to a retention schedule approved by the Oversight Committee on Public Records and the Commission of Public Records for the specific county.

Guide to Filling Out State 44905

Filling out the State 44905 form is an important step in the process of legally destroying certain public records within the state of Indiana. This form ensures that the destruction of records is performed in accordance with the guidelines and approval of the Indiana Commission on Public Records. It is crucial to fill out this form accurately to maintain compliance with state laws and regulations concerning record management and destruction. By following the below steps, you'll be able to complete the State 44905 form properly.

  1. Begin by entering the Name of office responsible for the records' destruction.
  2. Fill in the County where your office is located.
  3. Provide the Address (number and street) of the office.
  4. Enter the City and ZIP code corresponding to the office's location.
  5. Include the Name of contact person who can be reached for any inquiries regarding the form.
  6. Provide the Telephone number and E-mail address of the contact person.
  7. Under TITLE OF RECORDS DESTROYED, list the names of all records being destroyed.
  8. Specify the DATE OF RECORDS, indicating when the records were originally created or received.
  9. Enter the RECORD SERIES AUTHORITY, detailing the legal authority or policy under which the documents were destroyed.
  10. List the VOLUME (cubic feet) of the records being destroyed, using the provided RECORDS MEASUREMENT TABLE as a guide for conversion.
  11. State the Name of the County where records are being destroyed in the provided blank space within the statement about records destruction according to a retention schedule.
  12. Obtain the Signature of the official destroying records, ensuring to date it with the month, day, year format.
  13. Print the name of the official responsible for the destruction and indicate their Position.
  14. Record the Date records destroyed, also in the month, day, year format.
  15. After completing the form, send the original copy to the Clerk of the Circuit Court of your county.
  16. Send a duplicate of the form to the Indiana Commission on Public Records at the address provided at the top of the form.
  17. Retain another copy for your records to ensure you have a record of the submission and compliance.

Once you've completed these steps, you've properly filled out the State 44905 form for the destruction of public records. This process is a necessary part of records management, ensuring that all actions are documented and that the destruction of records is conducted transparently and in accordance with legal requirements. If you have any concerns or questions during this process, remember to reach out to the Indiana Commission on Public Records for guidance.

Frequently Asked Questions

What is the purpose of the State Form 44905?

The State Form 44905 serves as a formal notification of the destruction of local government public records in Indiana. Its primary aim is to document the obliteration of records in accordance with an approved retention schedule crafted and sanctioned by the Oversight Committee on Public Records and the Indiana Commission on Public Records. The form ensures that the process of disposing records is transparent, legally compliant, and traceable.

Who needs to fill out the State Form 44905?

Any office within the local government of Indiana that plans to dispose of public records must fill out the State Form 44905. This includes municipal, county, and state agencies that are managing records scheduled for destruction. It is the responsibility of the official in charge of records management within these entities to complete, submit, and retain a copy of this form as part of their records maintenance protocol.

What steps are required to correctly complete and submit the State Form 44905?

To properly handle the State Form 44905, the following steps should be taken:

  1. Fill in the form with details of the records to be destroyed, including the title of records, dates, record series authority, and volume in cubic feet.
  2. Send the original form to the Clerk of the Circuit Court in your county, ensuring legal oversight and compliance.
  3. Forward a copy of the completed form to the Indiana Commission on Public Records to notify the state-level body of the destruction.
  4. Retain a copy of the form within your office for record-keeping purposes, to reference the documentation of destroyed records if needed.
This process ensures that all necessary parties are informed and that the destruction is carried out transparently and lawfully.

What measurements are used to calculate the volume of records on the State Form 44905?

The State Form 44905 utilizes specific measurements to assist in calculating the volume of records set to be destroyed, ensuring a standardized reporting approach. These measurements include:

  • 1 Archives box (10" x 12" x 15") equates to 1 cubic foot of records.
  • 1 Linear foot of 8 1/2" x 14" documents is equivalent to 1 cubic foot.
  • 1 Letter size file drawer represents 1 1/2 cubic feet of records.
  • 1 Linear foot of 8 1/2" x 11" documents equals 4/5 cubic feet.
  • 1 Legal size file drawer stands for 1 1/2 cubic feet of records.
  • 1 Linear foot of tab cards and 3" x 5" cards account for 1/6 cubic feet and 1/9 cubic feet, respectively.
Understanding these measurements is crucial for accurately filling out the form and ensuring record destruction complies with state regulations.

Do I need to keep a copy of the completed State Form 44905?

Yes, retaining a copy of the completed State Form 44905 within your office is crucial. This copy serves as proof of your compliance with the approved retention schedule and the lawfully conducted destruction of records. It is an essential part of your audit trail, providing tangible evidence of your adherence to state policies regarding records management and destruction.

What happens if I do not complete the State Form 44905 for the destruction of records?

Failing to complete and submit the State Form 44905 when destroying public records can lead to a lack of documentation and transparency in the process, potentially violating Indiana’s regulations on records management. Such oversight could result in legal implications for individuals and offices, including penalties for non-compliance with state law. It underscores the importance of accurately and promptly managing the destruction of public records in accordance with established guidelines.

Common mistakes

Filling out the State Form 44905 for the Notice of Destruction of Local Government Public Records is a task that requires great attention to detail. However, individuals often make mistakes that can lead to unintended consequences or even the rejection of the form. Here are some common errors to avoid:

  1. Not completing all requested information: Individuals sometimes overlook certain sections of the form. Every part of the form is crucial for its proper processing and omission of any information can delay the destruction process.
  2. Improper records measurement: The State Form 44905 includes a specific RECORDS MEASUREMENT TABLE to guide the calculation of record volumes in cubic feet. Misunderstanding or miscalculating these measurements can lead to inaccuracies in the reported volume of records destroyed.
  3. Failure to send copies to the required entities: The instructions clearly state that copies of the completed form must be sent to both the Clerk of the Circuit Court of your county and the Indiana Commission on Public Records. Neglecting to send copies to both can result in non-compliance with procedure.
  4. Forgetting to retain a copy: Retaining a copy for one's own records is crucial and often overlooked. This can be important for future reference or in the event of a dispute or audit.
  5. Inaccurate record series authority: Each record series must be destroyed according to a retention schedule approved by the Oversight Committee on Public Records. Failing to correctly specify the record series authority can lead to unauthorized destruction of records.
  6. Not providing a valid official signature: The form requires the signature of the official responsible for the destruction of records. An illegible signature or failing to print the name and position of the official can invalidate the submission.
  7. Incomplete contact information: The form asks for detailed contact information, including an e-mail address. Omitting or providing incomplete contact information may hinder communication about the form.
  8. Incorrect or missing dates: Dates are essential for tracking when records are destroyed. Entering incorrect dates or omitting them can lead to discrepancies and potentially improper destruction of records.

To ensure the smooth processing of the State Form 44905, careful adherence to the guidelines is paramount. Double-checking all fields for accuracy, understanding the instructions, and verifying that all required documents have been sent to the appropriate parties will minimize errors. Remember, the goal is to maintain compliance with state regulations while ensuring that the process for destroying public records is conducted efficiently and correctly.

It is also vital for individuals to familiarize themselves with the RECORDS MEASUREMENT TABLE included in the form. This table plays a critical role in helping calculate the volume of records being destroyed. By adhering to the measurements provided, individuals can avoid common pitfalls related to the misreporting of information. When it comes to the destruction of public records, precision and attention to protocol are key.

Documents used along the form

When handling the State Form 44905, also known as the Notice of Destruction for Local Government Public Records, multiple additional documents often accompany this form to ensure compliance with legal requirements and to maintain comprehensive records management. These documents play vital roles in not only the destruction of records but also in the archiving and tracking processes. Understanding each document's purpose will aid in navigating through the complex landscape of public records management.

  1. Retention Schedule Approval: This is an approved document specifying how long various types of records must be kept before destruction. It's crucial for legal compliance.
  2. Record Series Listing: Details the categories of records under management, often accompanying the retention schedule to clarify what records exist and how they should be treated.
  3. Transfer of Custody Form: Used when records are being transferred to another department or entity for storage or further processing before their destruction.
  4. Confidentiality Agreement Forms: Required when dealing with sensitive or private information, ensuring that all parties involved in the handling of these records understand their obligations to protect personal data.
  5. Destruction Certificate: Issued after records are destroyed, certifying the date and manner of destruction, and ensuring that it complies with the retention schedule.
  6. Inventory List: Provides a detailed account of all records being stored, including their location, for tracking and management purposes.
  7. Audit Trail Reports: Documents the lifecycle of a record from creation to destruction, including any access or changes made, crucial for accountability and legal evidence.
  8. Exception Authorization: Required if records are to be destroyed earlier than stipulated by the retention schedule, necessitating approval from a supervisory authority.
  9. Electronic Records Metadata: Necessary for the management of digital records, detailing the attributes and history of electronic documents to ensure they are properly cataloged and can be authenticated.
  10. Legal Hold Notices: Issued to suspend the destruction of records due to pending litigations or audits, ensuring that potentially relevant documents are preserved.

Together, these documents form a comprehensive framework that supports the transparent, legal, and efficient management of public records, including their eventual destruction. Parties involved in the management of public records should familiarize themselves with these documents, understanding their role and importance in the lifecycle of public records management. Addressing each component with diligence ensures that the process aligns with legal standards and organizational policies, thereby mitigating risks associated with the improper handling of public records.

Similar forms

The State 44905 form, known as the Notice of Destruction for Local Government Public Records in Indiana, bears resemblance to several other documents that deal with the management and disposal of records in various jurisdictions. These documents typically outline procedures for the proper disposal of records, ensure legal compliance, and maintain a transparent record-keeping process.

Records Retention Schedule: The Records Retention Schedule is a document that this form closely resembles. Both serve to ensure that records are kept for the appropriate amount of time before disposal. The Records Retention Schedule specifies the minimum length of time that different types of records must be retained by an organization. It aids in making the decision of when records listed in the Notice of Destruction can be legally destroyed, thus ensuring that the process aligns with legal requirements and organizational policies.

Certificate of Records Disposal: Another document similar to the State 44905 form is the Certificate of Records Disposal, which is used in various organizations to certify that records have been disposed of according to predetermined standards and procedures. Like the Notice of Destruction, it provides a formal record of the destruction that can be filed for auditing and compliance purposes. Both documents include details about the records destroyed, such as the date of destruction, a description of the records, and the authority under which the destruction took place. This ensures a clear and traceable record-keeping process regarding record disposal.

Document Destruction Policy: This policy document outlines the procedures and guidelines for destroying records within an organization. While it is more of an overarching policy rather than a form like the State 44905, it directly relates to the content and purpose of the Notice of Destruction. Both ensure that records destruction is conducted in a systematic, legal, and approved manner. The Document Destruction Policy sets the framework within which specific forms like the Notice of Destruction operate, ensuring that all destruction activities are performed ethically and legally.

Dos and Don'ts

When completing the State Form 44905, also known as the Notice of Destruction for Local Government Public Records in Indiana, certain practices should be followed to ensure accuracy and compliance. Below is a guide outlining recommended actions to take (Do’s) and practices to avoid (Don’ts).

Do:

  1. Review the instructions carefully before filling out the form to ensure you understand all requirements.
  2. Ensure all offered information is accurate and complete, including the title of records destroyed, date of destruction, and volume in cubic feet.
  3. Use the Records Measurement Table provided to accurately measure the volume of records destroyed.
  4. Send the original form to the Clerk of the Circuit Court in your county to ensure legal compliance.
  5. Forward a copy of the form to the Indiana Commission on Public Records at the address provided, as required.
  6. Retain a copy of the form for your records to maintain a thorough archive of your actions.
  7. Record the date the records were destroyed accurately, using the format (month, day, year) as specified.
  8. Print your name clearly and provide your position when signing off on the destruction of records.
  9. Check that the records destroyed are covered by a retention schedule approved by the Oversight Committee on Public Records and the Commission on Public Records.
  10. Verify all entries for errors before submitting the form to ensure that all information communicated is correct.

Don’t:

  • Fulfill the form in a hurry without reviewing the specific instructions, leading to potential mistakes.
  • Omit any requested details, such as the name of the office, county, or contact information, which are essential for a complete submission.
  • Guess the volume of records destroyed; use the provided measurement table to ensure precision.
  • Forget to send copies of the form to both the Clerk of the Circuit Court and the Indiana Commission on Public Sheet, as failure to do so might result in non-compliance.
  • Fail to keep a personal copy for your records, which could be vital for future reference or in case of audit.
  • Use an incorrect date format or provide inaccurate dates that could call into question the veracity of the destruction process.
  • Sign the form without printing your name or identifying your position, as both pieces of information are required for verification.
  • Destroy records not yet approved for destruction according to an appropriate retention schedule, risking non-compliance with state laws.
  • Overlook errors on the form before submission. Double-checking can prevent compliance issues.
  • Disregard the importance of accurately and clearly completing every section of the form, understanding that precision is critical in official documentation.

Misconceptions

When it comes to handling the State Form 44905 for the Notice of Destruction of Local Government Public Records in Indiana, several misconceptions can lead to confusion and possible errors in the process. Understanding these misconceptions is critical to ensure compliance with state regulations and the proper handling of public records. Here, we address eight common misconceptions.

  • Misconception 1: The form is only for state-level records.

    This is incorrect. State Form 44905 is specifically designed for local government public records, including those maintained by counties, cities, and towns within Indiana, not just state-level documents.

  • Misconception 2: Any employee can sign the form.

    In reality, the form requires the signature of the official responsible for the records being destroyed. This ensures accountability and proper authorization within the governing body.

  • Misconception 3: Electronic records don't need to be listed.

    All records, whether paper or electronic, that are being destroyed must be listed on the form to ensure a comprehensive destruction record. This includes emails, digital files, and any other form of electronic documentation.

  • Misconception 4: The form does not need to be sent to the Indiana Commission on Public Records.

    On the contrary, a copy of the form must be sent to the Indiana Commission on Public Records. This requirement helps maintain a statewide oversight of public records destruction.

  • Misconception 5: There's no need to keep a copy of the form.

    Retaining a copy of the form for your records is crucial. It serves as evidence of compliance with the records destruction schedule approved by the Oversight Committee on Public Records and the Indiana Commission on Public Records.

  • Misconception 6: Immediate destruction of records is allowed after completing the form.

    Before any destruction occurs, the form must be completed and sent to the required parties, including the Clerk of the Circuit Court of your county. This ensures all procedural steps are followed before the actual destruction.

  • Misconception 7: The guidelines for record measurement are suggestions, not requirements.

    The records measurement table provided in the form dictates specific guidelines for measuring the volume of records to be destroyed. Adhering to these guidelines ensures accurate reporting of the volume of destroyed records.

  • Misconception 8: Any type of container can be used for record volume measurement.

    According to the form’s measurement table, specific types of containers, like an archives box or a legal size file drawer, have predefined cubic foot volumes. These standardized measurements must be used for consistency in record volume reporting.

Clarifying these misconceptions ensures that local governments in Indiana correctly follow procedures for the destruction of public records. Proper understanding and adherence to the guidelines on State Form 44905 safeguard against potential legal issues and ensure the integrity of public record management processes.

Key takeaways

Successfully filling out and using the State 44905 form for the Notice of Destruction in Indiana requires paying close attention to specific guidelines and requirements. Here are key takeaways to ensure the process is handled smoothly and compliantly:

  • Double-check that all information requested on the form is complete and accurate, including the title of records destroyed, the date of records, and the record series authority volume.
  • Remember to send the original form to the Clerk of the Circuit Court in your county to ensure the appropriate local records are updated with your action.
  • Sending a copy of the form to the Indiana Commission on Public Records is also mandatory; their address is clearly listed on the form, so no guesswork is needed.
  • It’s crucial to keep a copy of the form for your own records. This acts as proof of your compliance and ensures you have a reference in case questions arise later.
  • The form includes a helpful records measurement table, which should be used to accurately determine the volume of records you're destroying. It simplifies the process by translating different storage units into cubic feet.
  • Ensure that the destruction of records is in line with a retention schedule approved by the Oversight Committee on Public Records and the Commission of Public Records in Indiana. This step is mandatory and safeguards against premature or unauthorized destruction of vital records.
  • The form requires the signature of the official responsible for the destruction of the records. This is a crucial verification step that formally records who approved the destruction.
  • Don’t forget to fill out the date the records were destroyed. This information is paramount, as it creates a timeline and helps ensure that the destruction process aligns with the appropriate retention schedules.
  • Accuracy is key when filling out this form. Mistakes or omissions can lead to compliance issues, so take your time and review everything twice before submission.

By adhering to these guidelines, you can effectively and legally manage the process of destroying public records in Indiana. This not only helps in maintaining compliance with local laws but also contributes to the efficient management of records within your organization or department.

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