When might personnel training records be requested as evidence? group of answer choices
Records Show What are Federal records? As defined in 44 U.S.C. 3301: A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and (B) does not include: This legal definition contains several important terms and phrases that require further explanation:
In summary, the legal definition has three key points:
Attention should also be given to working files, or working papers, because of the difficulty of determining record status. Normally case working files are records because they generally need to be organized and maintained for some specified period of time. Other likely record categories include working files used in preparing reports or studies and preliminary drafts of policy documents circulated for comment. In contrast, preliminary drafts not circulated for comment are more likely to be nonrecord materials. Nonrecord Materials
On the basis of these conditions and the categories specifically cited in the law, nonrecord materials include:
Determining whether a particular document is a record does not depend on whether it is an original or a copy. Several copies of a single form may each have record status because each serves a separate administrative purpose, and they are maintained in different filing systems. A single set of publications should be designated the record copy, as distinguished from copies elsewhere or stocks of the same publication. Managing Nonrecord Materials The following guidelines should be used in managing nonrecord materials:
Personal Papers Some Government employees, especially executives, senior staff, scientists, and other specialists, accumulate and keep various personal papers at the office. The maintenance of personal papers in agency space and equipment may require agency approval and also compliance with Federal and agency requirements. If kept there, such personal papers must be clearly designated as such and maintained separately from Federal records and nonrecords. Personal papers are documentary materials belonging to an individual that are not used to conduct agency business. They relate solely to an individual's personal and private affairs or are used exclusively for that individual's convenience. They may refer to or comment on the subject matter of agency business, provided they are not used to conduct that business. In contrast to both records and nonrecord materials, personal papers are not Government-owned. Certain documentary materials are clearly personal and may readily be identified and claimed as such. Categories of personal papers include:
Determining if Materials are Personal Papers or Federal Records In determining whether or not certain documentary materials are records, the Federal courts have developed guidance, subject to change, in deciding Freedom of Information Act (FOIA) cases. Based on current case law involving executive agencies, the meaning of "agency records" for FOIA purposes is broader than that of "records" under 44 U.S.C. 3301 with respect to such agencies. Therefore, documentary materials falling outside the FOIA usage would also fall outside the statutory definition of "records" for those agencies. The following topics include relevant questions and guidance regarding the record status of work-related documentary materials:
In short, mere location in the agency does not mean that the materials are records, nor is use alone conclusive in determining record status. Materials generally assume record status, however, when the agency asserts control by requiring their creation or retention. Furthermore, documents created within an agency cannot be regarded as personal merely because the employee is free to dispose of them. Depending on other considerations, they may be records or nonrecord materials and therefore subject to agency control. Government employees also tend to accumulate extra copies of documents, particularly those they have drafted, reviewed, or otherwise acted on. They may retain and remove these copies, with agency approval, if such actions do not impose an administrative or financial burden or violate the confidentiality required by national security, privacy, and other interests protected by law. Related Resources
Back to Main Page Back to Previous Section Forward to Next Section What is the first priority in aircraft firefighting?The priority of the first ARFF vehicle is to provide a snapshot to all incoming ARFF vehicles via radio of what is occurring. Once this has been relayed, their task is then to provide a safe exit (rescue path) for all occupants exiting the aircraft.
Which of the following provides a brief overview of a written report?An executive summary is a brief overview of a report that is designed to give the reader a quick preview of the report's contents. Its purpose is to present the key points of a report in one place.
What is the acceptable error level when it comes to safety?Perform it safely. When it comes to safety, the acceptable error level is 0 percent, which is also referred to as what? Zero tolerance.
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