Records Management

Considerations for Employee Separations

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With election season upon us, many offices will see elected officials and other employees separate or retire in the next few months. During this transition, offices must coordinate the transfer of records and working documents under ORC 149.351. This includes paper and electronic records, including email. An orderly transfer will prevent operational disruptions and help offices comply with Ohio’s Public Records Law.

Each office should designate locations for electronic records, such as a shared network, document management system, or government cloud. Designating these areas provides ease of access to records of the office as well as records retention compliance. However, employees may also keep electronic office records in unstructured personal systems. Departing employees should review the following areas to ensure records are transitioned appropriately:

  1. Email Accounts – Review government-owned email accounts. Delete transitory messages, non-records, and messages that have met their retention requirements. Move emails that require long-term retention to a record-keeping system so others can access them. For more information and email best practices, see the OhioERC Email Management online training module.
  2. Personal Drives – Offices may assign employees personal drives, such as OneDrive in Microsoft 365, to store work related files. Often, only the assigned employee can access the drive. Offices should require employees to move office records to a shared record-keeping system. They should also consider limiting storage capacity to discourage record hoarding and state that personal drives serve convenience purposes only.
  3. Local Drives/Desktops – Saving records to a computer’s local drive or desktop prevents others in the office from accessing them. It also creates security and disaster-recovery risks if the device is lost or fails. Employees should move office records from local drives to the office’s record-keeping system.
  4. Portable Media – Departing employees should return office-issued CDs, flash drives, portable hard drives, and other media. These devices may contain thousands of government records. Offices should inventory issued storage media to track who has it and how they use it.
  5. Personal Computers/Accounts – Before leaving, employees who use personal computers or accounts, such as personal email, should transfer all government records from them. Records remain subject to public records requests and litigation requirements whether employees store them on government or personal devices. This may also interfere with the office’s compliance to ORC 149.351.

Additionally, work with your IT team to identify automated policies that affect record retention. For example, determine whether the system deletes an employee’s OneDrive account a set number of days after separation. Automatic deletion could destroy records that the office must retain. This risk becomes especially serious when litigation holds apply concerning anticipated or active litigation. Deleting an account under a hold could expose the office to spoliation claims. To reduce this risk, consult with your legal department to determine if any holds apply.

As always, reach out to [email protected] if you have questions.

OhioERC updates two records management resources

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The Ohio ERC has released updated versions of two of its guidance documents:

Recordkeeping System Procurement: Selecting and implementing an electronic recordkeeping system is a significant investment for any organization. The revised Recordkeeping System Procurement tip sheet provides practical guidance for planning and managing the procurement process. It explains the purpose of a Request for Proposal (RFP), identifies key stakeholders who should be involved, and outlines essential elements of a successful procurement effort, including requirements gathering, budgeting, vendor evaluation and contract negotiations. The resource is designed to help organizations make informed decisions and identify systems that meet both operational and records management needs.

Tips for “Who Should Be at the Table”: Successful records management depends on collaboration across an organization. The updated Tips for Who Should Be at the Table publication outlines the three groups that play critical roles in records and information governance initiatives: the records commission, department records coordinators, and the information governance committee. The revised tip sheet explains the responsibilities of each group and highlights how they work together to support compliance, policy development, electronic records management, and organizational decision-making.

Both resources are available on the OhioERC website and provide valuable guidance for public offices seeking to improve records management practices, implement new technologies, and build stronger information governance programs.

Updates from OhioERC

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Staying on top of records management and compliance requirements can be challenging as technology and regulations continue to evolve. Below are two important updates from OhioERC to help you stay organized and informed:

1. NEW OhioERC Online Training Module – File Naming Conventions.
In an era of digital overload, individuals and organizations are generating thousands of documents, images and datasets every day. Without a clear system in place, finding the right file can quickly turn into a frustrating and time-consuming task.

A file naming convention provides a standardized framework that can help bring structure and consistency to your digital environment. To support this effort, OhioERC has developed a short, practical online training module designed to help you take control of your electronic files. The module walks you through templates, strategies and best practices you can start using immediately.

Access the module here: https://app.screencast.com/D1kPDDy4eM4ma.

2. DOJ extends web accessibility compliance deadlines.

The U.S. Department of Justice has issued an interim rule extending the compliance deadlines for ADA website and mobile app accessibility requirements for state and local governments. Jurisdictions with populations of 50,000 or more now have until April 26, 2027, while smaller jurisdictions have until April 26, 2028 to comply. The interim rule appears in the Federal Register and is effective April 20, 2026.

As a reminder, OhioERC has previously covered the ADA Title II Web and Mobile Application Accessibility Rule (see here and here). Other than extending the compliance deadlines, the interim rule does not alter any other provisions of the 2024 final rule.