- Purpose: The purpose of this order is to establish records retention and destruction policy and procedures for the Denver Sheriff Department ("DSD" or the "Department”).
- Policy:
- It is the DSD's policy to provide effective control over the maintenance, retention, and destruction of DSD records which comply with federal, state, and local laws, as well as comply with records management best practices.
- Official records within the agency are to be properly identified, assigned appropriate retention periods, and be properly disposed of or preserved.
- Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.11003.
- Explanation:
- Pursuant to Executive Order 143 and the General Records Retention Schedule for the City and County of Denver ("City" or "CCD"). The City and County of Denver General Records Retention Schedule defines the minimum retention periods and instructions for the destruction of records citywide.
- Schedule 100 of the City and County of Denver General Records Retention Schedule governs the retention and destruction of most official public safety records.
- Definitions:
- "Agency Records Coordinator" refers to an individual appointed by the Sheriff to implement the records management program by ensuring proper retention and destruction in accordance with the Department’s agency-specific and the City’s Records Retention Schedule. The agency records coordinator role is distinct from that of the
Department or Agency’s official custodian of records (although in some cases
the same employee(s) may be responsible for the duties of both roles). The DSD agency records coordinator is responsible for:
- facilitating compliance with the Information Governance Policy and records
retention policies and procedures within the Department and
work directly with the records manager for the City;
- ensuring that DSD employees comply with the requirements of Executive Order 143, the Privacy
Policy, Records Retention Schedules, and other information governance policies and procedures; and
- managing litigation holds for DSD. (See Executive Order 143C).
- "City and County Data" are all written and electronic documents, papers,
communications, letters, sound or video recordings, or other materials that would
constitute a “record” under the Colorado Open Records Act, (see C.R.S. §§ 24-72-
201 through 206) or “criminal justice record” under the Colorado Criminal
Justice Records Act, (see C.R.S. §§24-72-301 through 309), regardless of physical
form, created or received by the City and County of Denver.
- "City and County Records" are City and County records include all documents and information, regardless of
physical form or characteristic and regardless of whether public access to
them is open or restricted under the laws of the State of Colorado, created or
received by the City and County of Denver. This includes “records” as
defined by CORA (see C.R.S. §§24-72-201 through 206) but is not limited to
the statutory definition.
- "Custodian" is any City and County of Denver employee who creates, stores, or
maintains Documents. Each employee is the custodian of documents the
employee individually creates or maintains, including (but not limited to) desk
and office files, email, and the contents of the employee’s desktop, laptop, and/or
mobile device. Some employees – for example, agency records coordinators,
official custodians of records, or department administrators – are also custodians
of other documents or collections of documents, such as shared directories,
group folders, agency files or archives, or databases. Such employees are custodians of both their own documents and those for which they have
administrative responsibility.
- "Documents" for the purpose of litigation holds, as defined by Executive Order 143, include any document, data, information, item or evidence in the
possession of the City (including its employees, agents, and contractors)
which is related or may be potentially related to the facts, circumstances, or
people involved in the claim or litigation. “Documents” otherwise include, but are not
limited to: documents, writings, notes, log sheets, transcripts, charts, graphs,
drawings, videos, photographs, sound recordings, reports, correspondence,
memoranda, test results, objects, and other data or data compilations, stored in
any medium. “Documents” also includes Electronically Stored Information
(“ESI”) such as: email, voicemail, text messages, instant messages, electronic
documents (including word processing documents and presentations, draft as
well as final versions), spreadsheets, databases, calendars, digital images. Memorandum No. 143C, attachment to Executive Order 143 details the City's Litigation Hold Policy and process and Schedule 135 of the City and County of Denver General Records Retention Schedule also provides additional information related to electronic mail records.
- "General Records Retention Schedule (GRS)" refers the City policy that determines the retention or destruction schedule of official records.
- "Historical Records" refer to records that have long-term historical or research value, including, but not limited to, annual reports, brochures, newsletters, speeches, or presentations. The agency records coordinator may designate appropriate historical records for permanent retention.
- "Litigation Holds" as defined by Executive Order 143C, litigation holds are the actions taken by the City to suspend Records Retention Schedules and order the preservation of all litigation records.
- "Litigation Hold Notice" is a notice from the City Attorney’s Office (CAO) instructing the
recipients that litigation has been filed or is anticipated and that litigation records must be preserved.
- "Litigation Records" are any and all documents potentially related to pending
litigation, or to specific claims which the City anticipates may lead to
litigation.
- "Permanent Records" are any City and County data or record for which the retention
period on the Records Retention Schedule is given as permanent.
- "Records Administrator" refers to an individual who assists DSD's agency records coordinator. The records administrator works with DSD's agency records coordinator to ensure that documents subject to a litigation hold are not destroyed or altered in any way.
- "Records Retention Schedule" is a document prepared by or under the authority of the city records manager under prior versions of Executive Order 143, listing the titles
(categories) of records maintained by the City and County of Denver, their
retention periods, and other records disposition information that the records
management program may require.
- General Guidelines:
- Ownership of Records:
- City and County data and records are the property of the City and
County of Denver. No City and County of Denver official or employee has, by virtue of
his or her position, any personal or property right to such records even though they may
have created, developed or compiled them.
- The unauthorized destruction, removal, or use
of City and County records is prohibited.
- General:
- Division chiefs shall establish procedures for their respective divisions consistent with Executive Order 143 and this order for the retention, storage, and destruction of City and County data and records, so long as such data or records are not documents subject to a litigation hold. No Documents subject to a litigation hold may be destroyed until the litigation hold is officially released.
- Each division chief shall designate a division records custodian to work with DSD's agency records coordinator to ensure compliance with Executive Order 143 and this order.
- Format for Retention:
- The agency records coordinator and Sheriff shall decide on the physical format for retention of each type of official record, ensuring authenticity, readability and accessibility for the entire retention period. <CALEA: 12.2.2(b)>
- Storage of Current Directives:
- Current written directives are stored in PowerDMS and are accessible to all DSD employees. <CALEA: 12.2.2(b)>
- Default retention period:
- In accordance with C.R.S.: §6-17-104, any record required to be created or kept by any state or local law or regulation may be destroyed after three years from the data of creation, unless a law or regulation establishes a specified records retention period or a specific procedure to be followed prior to destruction. Refer to the City and County of Denver General Records Retention Schedule for specific requirements related to the retention of records.
- Additionally, regardless of records retention requirements, no document may be destroyed to the extent that the document is subject to a litigation hold. The agency records coordinator is responsible for ensuring that documents subject to a litigation holder are not.
- Records Destruction Documentation:
- Pursuant to Schedule 40.280, records documenting the destruction of records shall be permanent records.
- All Information Contained in the Record:
- The retention period applies to all of the information contained within the record, regardless of the physical format of the record (paper, microfilm, electronic, etc.).
- Electronic Repositories:
- Data that is housed in an electronic repository system must remain accessible, authentic, reliable and useable through any kind of system change, for the entire period of its retention as defined by the General Records Retention Schedule.
- Litigation Holds:
- Refer to Executive Order 143C for additional information. When notice from the City Attorney’s Office (CAO) is received that litigation has been threatened or a lawsuit filed, any existing document subject to the litigation hold shall be retained until such hold is officially released by the City Attorney's Office (CAO), even if the scheduled or default period for that document has elapsed. No staff member shall destroy or alter any document once a litigation hold has been received.
- The agency records coordinator is primarily responsible for ensuring litigation holds and release of litigation holds are complied with.
- Destruction of Records:
- The destruction process of official records shall be consistent with Executive Order 143 and the City and County of Denver General Records Retention Schedule. <CALEA: 82.1.2>
- In addition to the city records manager, the agency records coordinator shall be consulted prior to the destruction of any DSD data or records.
- Authorization to destroy DSD data or records shall be prepared and signed by the agency records coordinator prior to actual destruction.
- Data or Records not addressed in this Order:
- The retention and destruction of any data or record not specifically addressed in this order shall be governed by the current City and County of Denver General Records Retention Schedule. See City and County of Denver General Records Retention Schedule index or consult with the DSD agency records coordinator or city records manager.
- Sublist of the Applicable Schedules for DSD:
- The list of schedules which typically apply to DSD data and records can be found by clicking here.
- Department and Other Written Directives: <CALEA: 12.2.1(e)>
- Department orders/procedures, trans-division directives, and Department-wide policies, including supporting documentation related to the development, formulation, establishment, rationale, approval, and implementation of such information that constitute official records, shall be designated as historical and retained permanently.
- DSD's Discipline Handbook and related schedules and policy shall be designated as historical and retained permanently as required by Schedule 50.
- DSD personnel manuals shall be retained according to Schedule 90 and are not considered of historical or vital value.
- Division level post orders and procedures and related official records are subject only to the minimum retention period described in Schedule 40 unless determined to be of historical value.
- Division chiefs should consult with the agency records coordinator to determine if specific division-level policy and procedure records have historical value and are therefore subject to permanent retention.
- The custodian of written departmental orders or department-wide directive records shall be the Research and Development Unit.
- Publications, Reports, and Surveys: Schedule 40:
- Pursuant to Schedule 50 the following official records, shall be deemed to have historic and vital value:
- DSD annual reports (original): permanent/historical value
- Anniversary and historical publications: permanent/historical
- Internal newsletters (original): permanent/historical value
- Strategic plans (original): permanent/historical value
- Internal and external, DSD-generated surveys (original): permanent/historical value
- Justice Surveys and censuses (original): permanent/historical value
- Custodians of Record:
- The custodian of annual reports, publications, newsletters, and marketing material produced by the communications and marketing team shall be the director of communications.
- The custodian of record for justice surveys and censuses completed by DSD shall be the Performance Management and Strategy Unit.
- The custodian of record for strategic plans and DSD generated surveys shall be the Office of the Sheriff.
- Operational Records Retention: Schedule 100:
- Video and Audio Recordings from Jails, Booking, Holding Areas, or Lock-Ups:
- The retention schedule for video and audio recordings made in secured areas of jails, holding areas, booking areas or lock-ups is to be determined administratively by the Sheriff.
- All recordings related to a pending claim, litigation grievance, or investigation shall be retained until final resolution of any related potential or pending claim or litigation, grievance or investigation.
- Video footage captured by DSD systems shall be preserved for the minimum retention periods as described below for the following types of incident (unless there is a litigation hold):
- Death in a facility – permanent record; retain permanently.
- PREA incidents – permanent record; retain permanently. <ACA-4ALDF: 4D-22-8>
- Incidents involving criminal investigation – until completion of investigation, criminal proceeding, or, if a DSD staff member is involved, until the statute of limitations for filing a civil action has passed or, if a lawsuit is filed, until the lawsuit has fully concluded and/or the litigation hold is released.
- All use of force incidents (not involving a criminal investigation) – five (5) years from the use of force incident (if the incident did not result in an Public Integrity Division (PID) Administrative Investigative Unit (AIU) complaint) or five years from the completion of the PID investigation.
- All other incidents that result in an Public Integrity Division (PID) - Administrative Investigative Unit (AIU) complaint – five (5) years from the completion of the investigation.
- All other incidents that result in an inmate grievance or complaint – ten (10) years - *PREA requirement*.
- Refer to Department Order 1.00.3010 - Reporting in Custody Sexual Abuse and Sexual Harassment; Department Order 1.00.3012 - Suicide Prevention, Death, or Substantial Risk of Death in Facility; Department Order 1.00.5001 - Complaint and Discipline; Department Order 1.00.3013 - Use of Force; and Department Order 1.00.1011 - Inmate Grievances for definitions of the above types of incidents.
- Inmate Health Medical Records:
- Denver Health Medical Center (DHMC) shall be the official custodian of inmate health records for inmates in the care and custody of the DSD. <ACA-4ALDF: 4D-28>
- No official inmate health records shall be destroyed by DSD staff without the knowledge and written approval of the DHMC records coordinator.
- Other Inmate Records (Excluding Health Medical Records): Schedule 100:
- Unless otherwise stated or the inmate is transferred, the custodian of general inmate records is the facility of the record’s origin.
- The DSD custodian of inmate transport records shall be the facility/unit providing transport.
- The custodian of inmate immigration records shall be the DSD facility that the inmate is booked into or the facility that the inmate is subsequently transferred.
- Body-Worn Cameras: Schedule 100.080:
- Video recordings and logs made from DSD vehicles or body-worn cameras shall be retained for at least sixty (60) days, except that portions of recordings relating to specific cases, complaints, investigations or grievances, including but not limited to uses of forces, shall be captured separately and retained as part of the case, complaint, investigation, or grievance response.
- Vehicle Impound: Schedule 100:
- The Vehicle Impound Facility (VIF) shall retain and be the custodian of records documenting the impoundment of all licensed and non-licensed motorized vehicles and sports craft that have been taken into custody. <CALEA: 61.4.3(c)>
- Civil Process Records: Schedule 100.100:
- The custodian of civil process records such as executions, attempts, attachments, receptions of executions, jackets, etc. shall be the Civil Unit of the Downtown Division.
- National Crime Information Center (NCIC)/Colorado Crime Information Center (CCIC) Logs: Schedule 100:
- The Public Safety National Crime Information Center (NCIC) Unit shall be the custodian of records for informational teletypes received via NCIC and Colorado Crime Information Center (CCIC) for entry to the Denver Police Department (DPD)/DSD's computer system, including follow up teletypes from other law enforcement departments.
- Employee Records:
- General:
- Employee records, including training records, records relating to time keeping and leave, employee medical records, and general employment records shall be retained in accordance with the appropriate schedules prescribed in the Schedule 90 of the City and County of Denver General Records Retention Schedule.
- Disciplinary documentation should be transferred to Human Resources (HR) for inclusion in the personnel file.
- Training Academy Records: Schedule 90 and 100:
- The following records shall be retained by the Training Academy in accordance with the City and County of Denver General Records Retention Schedule:
- Weapons and Firearms Records:
- Authorizations to carry
- Note: Authorizations to carry records include the types of firearms and weapons carried by deputies indicating authorization to carry weapons, that the weapon has been checked, and that the deputy qualifies to use the weapon(s).
- Weapons maintenance record
- Note: Weapons maintenance records include those relating to in-house and external maintenance work on weapons.
- Firearms range scores
- K-9 training records, test scores, lesson plans, class schedules, and training reports
- Community Outreach Records: Schedules 40 and 100:
- The director of community engagement shall be the custodian of records for outreach and public relations efforts, including routine requests for DSD contact, follow up, services, etc., not involving a police report, DSD community presentations, and similar community outreach efforts.
- Financial Records: Schedule 30:
- The DSD Finance Bureau shall be the custodian of DSD financial records in accordance with the City and County of Denver General Records Retention Schedule. DSD financial records include the following, but are not limited to:
- DSD purchasing control forms such as purchase orders, purchase requisitions, field purchase orders, vouchers, signature authorizations, etc., and competitive bid specifications and solicitations records, including:
- Rejected or unsuccessful bids received from unsuccessful bidders
- Unsolicited bids from bidders
- Vendor lists providing goods and services
- Grant documentation, including:
- Awarded grants
- Grant application
- Grant contracts and agreements
- Grant reports
- Other supporting documentation
- Documentation of grants that are either rejected by awardee or not awarded
- Documentation of grants applied for and either rejected by the grantor or not accepted
- Accounts receivable records
- DSD-specific agreements and contracts of various kinds that document some form of agreement that is enforceable by law, including, but not limited to:
- Intergovernmental agreements
- Memoranda of understanding
- Franchise agreements
- Lease agreements
- Professional services agreements, etc.
- Note: Prior to destruction, such records shall be evaluated for continuing legal, administrative, or historical value.
- Official budget records approved by the governing body, including:
- Final annual budgets (including amendments)
- Capital improvement projects budget records
- Under City policy, the DSD Finance Bureau shall also retain for administrative value the following documents considered non-official budget records:
- working papers created for DSD budget requests or proposals, budget change documents (including line item or contingency/reserve fund transfers and supplemental budget requests), budget instructions; and
- encumbrance and expenditure reports, other budget related reports, worksheets, financial projections and similar records used in the budget preparation and decision-making process.
- DSD Internet and Intranet Records (Websites):
- The director of communications shall be the retainer and custodian of the following records:
- Web page content for intranet and internet.
- Intranet pages designed for internal access to information.
- Page design records, such as style guide for websites and other design projects.
- Juvenile Records: <CALEA: 82.1.2>
- The DSD does not routinely house juvenile offenders unless a court order requires it to do so. If a juvenile is admitted for housing with the DSD, there shall be an accompanying court filing with findings of adult adjudication and housing with the DSD specified. Refer to C.R.S.: §19-2-508(3)(c)(VI).
- DSD captures fingerprints, photographs, and other identification on all processed inmates in DSD facilities. This includes juvenile offenders awaiting adult adjudication with applicable court paperwork.
- DPD captures juvenile records on interfaced systems with the DSD. For records processed by the DPD Juvenile Intake Unit, the DPD has the sole responsibility for retention and maintaining those records.
- Court Order to Seal/Expunge/Purge Records: <CALEA: 82.1.2>
- The DSD may receive a court order to purge, expunge, or seal any record, including a juvenile record, that may be maintained within the jail management system (JMS).
- Any order from the court shall come through the Civil Liabilities Bureau and be distributed to the appropriate staff for the sealed records request. Refer to Procedure Manual 3.04.5029 - Civil Liabilities Bureau.
- Carrying a Concealed Weapon (CCW) Applications: Schedule 75:
- Carrying a concealed weapon (CCW) application, whether approved or denied, shall be maintained in accordance with the City and County of Denver General Records Retention Schedule. It shall be the administrative division chief's or designee's decision on how these records shall be stored (digital, paper, both, etc.).
- Additional Records Retained:
- Additional Records of Historical Value:
- In addition to the specific records and retention set forth in the City and County of Denver General Records Retention Schedule and in this order, the Sheriff or DSD records coordinator may identify and designate records as historical records with permanent retention.
- Agency Records Coordinator:
- The Sheriff shall appoint an individual of supervisory level or higher to be the official agency records coordinator.
- The agency records coordinator or designee shall be responsible for implementing the records management program for DSD including, but not limited to, the following:
- facilitate compliance with records retention policies and procedures within their respective agencies and work directly with the records administrator for the Department of Safety and the City Records Manager;
- ensure that DPD employees comply with the requirements of the Privacy Policy, Records Retention Schedules, and other information governance policies and procedures;
- be familiar with each type of record used in the Department;
- obtain training from the City records manager to conduct record inventories; and
- engage in follow up actions with the records administrator for the Department of Safety and the City records manager related to retention, destruction, or preservation of official City records.
- Agency Records Retention Schedule Development:
- The Sheriff, through its agency records coordinator, shall be responsible for developing and installing a records retention schedule for the records maintained by the DSD. The schedule must contain at a minimum the following data for each record type:
- Description of type of record
- Source document authorizing retention period
- Destruction date
- Approval of retention schedule by the City Attorney
- Completed records retention schedules shall be submitted by the agency records coordinator to the Records Management Committee for approval prior to destruction of any records.
- Following authorization by the Records Management Committee for use of the schedule submitted, all records destroyed according to the schedule shall be reported to the Records Management Committee by the records coordinator.
- Responsibility:
- Training:
- The Training Academy shall ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
- Management:
- The Sheriff shall ensure compliance with the records management policies, systems, standards and procedures, Executive Order 143 and its memoranda attachments, and the City and County of Denver General Records Retention Schedule adopted pursuant to Executive Order 143.
- The agency records coordinator shall facilitate compliance with records retention policies and procedures and litigation holds within DSD and will work directly with the records administrator for the Department of Safety and city records manager.
- The records administrator shall work with division chiefs to ensure that employees are complying with the requirements of Executive Order 143 and its memoranda attachments, and the City and County of Denver General Records Retention Schedule.
- The division chief/unit commander or unit manager of any division or unit affected by this policy shall:
- ensure that existing procedures and all newly developed orders are in compliance with this order;
- ensure that all affected personnel are made aware of this policy; and
- ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
- Effective Date: This order will become effective on August 17th, 2023.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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