Fire prevention records generated by government agencies are considered public records and subject to freedom of information laws. These records must be retained according to state-mandated schedules and are generally stored using an information management system. When developing an electronic records system, fire bureaus must carefully consider their operational needs, legal requirements, and ensure the system can integrate with standard procedures. Proper planning and implementation of a records system is crucial to the effective functioning of a fire prevention program.

1. Fire Prevention Records and Record Keeping Chapter 11

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

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

10. FIGURE 11-2 (continued)

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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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