© 2011 Delmar, Cengage Learning

2nd Edition

Fire PreventionRecords and Record

Keeping

Chapter 11

© 2011 Delmar, Cengage Learning

2nd Edition

Objectives

Upon completion of this chapter, you will be able to:

•Describe what is meant by the terms public record and retention schedule

•Describe the Freedom of Information Act (FOIA) and its impact on the day-to-day working of government

© 2011 Delmar, Cengage Learning

2nd Edition

Objectives (cont’d.)

• Discuss the reasons for the exemptions included in the FOIA

• Discuss the benefits of electronic information management systems (IMS) in the operation of a fire prevention program

• Discuss the potential impact of poor planning and implementation of an electronic IMS

© 2011 Delmar, Cengage Learning

2nd Edition

Legal Requirements for Record Keeping

• Public records: generated by and in possession of fire prevention bureaus– Legal term

• Not necessarily open to public view

– Fire investigation reports– Witness statements– Fire scene photographs– Autopsy reports

© 2011 Delmar, Cengage Learning

2nd Edition

Freedom of Information and Public Access Laws

• Provide for public access to government documents and meetings

• Government entities required to make information public, within certain limitations

• Freedom of Information Act (FOIA), 1967– Workings of government open to public– Press access to agencies and their

information significantly increased

© 2011 Delmar, Cengage Learning

2nd Edition

Exceptions• Ongoing criminal investigations

• Medical records

• Personnel records

• Items affecting national security

• Trade secrets

• Attorney–client communications

• Copyrighted materials may be accessible for viewing, but photocopying is prohibited

© 2011 Delmar, Cengage Learning

2nd Edition

Practical Application

• Jurisdictions must have policies to ensure compliance while maintaining safeguards

• When in doubt, the jurisdiction’s legal representative should be contacted

• Discussions must take place in public at the appointed time– All interested parties have the opportunity to

observe the proceedings

© 2011 Delmar, Cengage Learning

2nd Edition

Record Retention and Storage

• Maintenance of records by fire bureaus governed by regulations– Promulgated under state statutes by a state

entity that serves as the state archivist

• Failure to retain the records in accordance with the regulations is a criminal act

© 2011 Delmar, Cengage Learning

2nd Edition

FIGURE 11-2Records retention and maintenance is generally regulated by state archivists

© 2011 Delmar, Cengage Learning

2nd Edition

FIGURE 11-2(continued)

© 2011 Delmar, Cengage Learning

2nd Edition

FIGURE 11-3Retention schedules developed by state archivists stipulate time frames for records storage and retention

© 2011 Delmar, Cengage Learning

2nd Edition

Records Management Systems

• Essential: effective fire prevention program– Cases can be won or lost based on a single

report or on the inability to find a single report

• Skill in performing “business” functions– As important as preventing/extinguishing fires

• Carefully identify: easily tracked and clearly defined useful information elements

© 2011 Delmar, Cengage Learning

2nd Edition

Records Management Systems (cont’d.)

• Importance of accurate statistics cannot be overstated– Justify additional staff and resources– Track employee performance– Use as a basis for cost recovery or user fees

• Potential value of sharing information is enormous

© 2011 Delmar, Cengage Learning

2nd Edition

Types of Records Management Systems

• System used must be:– Efficient, effective, and sustainable

• Information gathered should reflect the mission of the organization– Collecting and maintaining statistics should

not become the mission

• Complex does not necessarily mean better

© 2011 Delmar, Cengage Learning

2nd Edition

Manual Systems

• Most organizations maintain at least some records manually

• Paper– Pros

• Transportable and cheap; used in power failures; looked at in private; does not take expertise to use

– Cons• Takes up considerable space; must be manually

filed/searched; harder statistical study

© 2011 Delmar, Cengage Learning

2nd Edition

Electronic Information Management Systems

• Fine line between useful data collection and useless information overload

• If system cannot meet legal requirements (inspection process), worse than useless

• Without proper planning/implementation:– Going high tech can quickly derail any activity

© 2011 Delmar, Cengage Learning

2nd Edition

Electronic Information Management Systems (cont’d.)

• Operational needs– Compare with capabilities of proposed system

• Conform to legal requirements• Elements should meet requirements• Adaptable to normal operating procedures• “Smart” system will not compensate poor training• Technical support• Life expectancy of data storage media• More time spent up front, greater success chance

© 2011 Delmar, Cengage Learning

2nd Edition

Financial Records

• Must be generated and maintained in accordance with appropriate regulations– In addition to state laws, system used should

conform to parent organization’s system

• Designed to keep honest people honest and facilitate the audit process

© 2011 Delmar, Cengage Learning

2nd Edition

Summary• Records generated by and in the custody

of fire prevention bureaus are public– Regulated by state or federal laws and

regulations– Maintained within some type of IMS

• Must be developed/implemented to complement normal operating procedure

• Deliberation by public bodies prohibited except at duly authorized public meetings