445 lines
11 KiB
Text
445 lines
11 KiB
Text
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\end_index
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\end_header
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\begin_body
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\begin_layout Title
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Software Freedom Conservancy Document Retention Policy
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\end_layout
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\begin_layout Section
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Purpose
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\end_layout
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\begin_layout Standard
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Software Freedom Conservancy (
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\begin_inset Quotes eld
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\end_inset
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Conservancy
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\begin_inset Quotes erd
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\end_inset
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) has adopted a document retention and destruction policy (
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\begin_inset Quotes eld
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\end_inset
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Policy
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\begin_inset Quotes erd
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\end_inset
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) in order to define the record retention responsibilities of Conservancy
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officers, staff, and board members for maintaining and documenting the
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storage and destruction of Conservancy's documents and records.
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\end_layout
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\begin_layout Section
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General Guidelines
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\end_layout
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\begin_layout Standard
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Records should not be kept if they are no longer needed for the operation
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of the business or required by law.
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Unnecessary records should be eliminated from the files.
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The cost of maintaining records is an expense which can grow unreasonably
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if good housekeeping is not performed.
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A mass of records also makes it more difficult to find pertinent records.
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\end_layout
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\begin_layout Standard
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From time to time, Conservancy may establish retention or destruction policies
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or schedules for additional categories of records in order to ensure legal
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compliance, and also to accomplish other objectives, such as cost management.
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Conservancy has identified several categories of documents that warrant
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special consideration; these categories are listed below.
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While Conservancy has established minimum retention periods for these categorie
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s, the retention of these documents - and of records not included in the
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identified categories - should be determined primarily by the application
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of the General Guidelines affecting document retention in this Section,
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as well as the exception for litigation-relevant records described in the
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next Section and any other pertinent factors.
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\end_layout
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\begin_layout Section
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Exception for GPL Compliance and Litigation-Relevant Documents
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\end_layout
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\begin_layout Standard
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Conservancy expects all staff, officers, board members, and PLCs to comply
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fully with this Policy and any other written document retention policies,
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with the following notable exception to any stated destruction schedule:
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if you believe, or if Conservancy informs you, that certain Conservancy
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and/or Project records relate to efforts to bring companies into compliance
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with the General Public License, enforcing the GPL, or in some way relates
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to litigation or potential litigation (i.e., a dispute that could result
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in litigation), then you
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\series bold
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must
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\series default
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preserve those records until it is determined that the records are no longer
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needed.
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That exception supersedes any previously or subsequently established destructio
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n schedule for those records.
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\end_layout
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\begin_layout Section
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Document Storage Methods
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\end_layout
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\begin_layout Standard
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All Conservancy documents are stored electronically in a version-controlled
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repository on a remote server that is backed up to drives on our local
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premises, with the following exceptions:
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\end_layout
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\begin_layout Itemize
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Conservancy stores all e-mails are stored on a separate e-mail server
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\end_layout
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\begin_layout Itemize
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Conservancy retains hard copies of all contracts executed with parties outside
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of the United States for at least the full term of each contract
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\end_layout
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\begin_layout Section
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Minimum Retention Periods for Conservancy Documents
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\end_layout
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\begin_layout Subsection
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Organizational Documents
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\end_layout
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\begin_layout Standard
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The following records should be retained permanently:
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\end_layout
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\begin_layout Itemize
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Conservancy Articles of Incorporation
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\end_layout
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\begin_layout Itemize
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Conservancy By-laws
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\end_layout
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\begin_layout Itemize
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Conservancy's IRS Form 1023 - which is also to be made available for public
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inspection upon request
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\end_layout
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\begin_layout Itemize
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Board meeting minutes
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\end_layout
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\begin_layout Subsection
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Tax Records
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\end_layout
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\begin_layout Standard
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Tax records should be retained for at least seven years from the date of
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filing the applicable return.
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These records include:
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\end_layout
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\begin_layout Itemize
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IRS Form 990 and related schedules
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\end_layout
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\begin_layout Itemize
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Financial audit letter and supporting documents
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\end_layout
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\begin_layout Itemize
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Employment tax records
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\end_layout
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\begin_layout Itemize
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Documents concerning payroll, expenses, proof of donor contributions
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\end_layout
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\begin_layout Itemize
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Documented accounting procedures
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\end_layout
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\begin_layout Subsection
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Financial Records
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\end_layout
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\begin_layout Standard
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In general, Conservancy's financial records should be kept for at least
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seven years.
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These records include:
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\end_layout
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\begin_layout Itemize
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Accounts payable ledgers and schedules
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\end_layout
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\begin_layout Itemize
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Accounts receivable ledgers and schedules
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\end_layout
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\begin_layout Itemize
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Bank reconciliations, bank statements, deposit slips and checks (except
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for as stated below)
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\end_layout
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\begin_layout Itemize
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Donation records
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\end_layout
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\begin_layout Itemize
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Expense reimbursement requests and supporting receipts and documentation
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\end_layout
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\begin_layout Standard
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Certain important financial records are to be kept permanently.
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These records include:
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\end_layout
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\begin_layout Itemize
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Checks and/or proofs of payment for expenditures over US$100,000
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\end_layout
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\begin_layout Subsection
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Employment/Personnel Records
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\end_layout
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\begin_layout Standard
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All employment and personnel records should be kept for at least seven years,
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with the following exceptions:
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\end_layout
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\begin_layout Itemize
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IRS Form 990 and related schedules: at least seven years from the date of
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filing the applicable return
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\end_layout
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\begin_layout Itemize
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Financial audit letter and supporting documents: at least seven years from
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the date of filing the applicable return
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\end_layout
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\begin_layout Itemize
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Employment applications and related documents (including correspondence
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and CVs from prospective candidates): at least three years
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\end_layout
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\begin_layout Itemize
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Employee offer letters, and confirmations of acceptance: kept permanently
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\end_layout
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\begin_layout Subsection
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Other Corporate Records
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\end_layout
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\begin_layout Standard
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Other corporate records shall be kept according to the schedule below:
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\end_layout
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\begin_layout Itemize
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Insurance policies (both current and expired), claims, and related reports:
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retained permanently
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\end_layout
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\begin_layout Itemize
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Press releases: retained permanently
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\end_layout
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\begin_layout Itemize
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Trademark and copyright applications and registration materials: retained
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permanently
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\end_layout
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\begin_layout Itemize
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Executed fiscal sponsorship agreements: retained permanently
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\end_layout
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\begin_layout Itemize
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Internal strategic documents: at least three years
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\end_layout
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\begin_layout Itemize
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Correspondence from Member Project liaisons re: Member Project matters,
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including disbursement requests: at least seven years
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\end_layout
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\begin_layout Subsection
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Correspondence
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\end_layout
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\begin_layout Itemize
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Except as classified above, letters received in hard copy shall be kept
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for at least one year.
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\end_layout
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\begin_layout Itemize
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Except as classified above, e-mail correspondence in Conservancy e-mail
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accounts shall be archived for at least one year, with the exception of
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the correspondence sent to the
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\begin_inset Quotes eld
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\end_inset
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compliance@sfconservancy.org
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\begin_inset Quotes erd
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\end_inset
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account, which shall be archived for at least seven years.
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\end_layout
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\begin_layout Subsection
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Reports from Projects
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\end_layout
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\begin_layout Subsection
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Blogs and Press Releases
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\end_layout
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\begin_layout Standard
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Conservancy should retain permanent copies of all official Conservancy blogs,
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press releases and
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\end_layout
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\begin_layout Subsection
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Contracts
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\end_layout
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\begin_layout Standard
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Except as classified above, all contracts entered into by Conservancy should
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be retained for at least seven years from the date of filing the applicable
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return.
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These records include:
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\end_layout
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\begin_layout Itemize
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IRS Form 990 and related schedules
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\end_layout
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\begin_layout Itemize
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Financial audit letter and supporting documents
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\end_layout
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\begin_layout Itemize
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Documents concerning payroll, expenses, proof of donor contributions
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\end_layout
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\begin_layout Itemize
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Documented accounting procedures
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\end_layout
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\begin_layout Subsection
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Software Development Contract Deliverables
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\end_layout
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\begin_layout Standard
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All code and supporting documentation written by a developer in fulfillment
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of a contract with Conservancy should be archived electronically for at
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least three years.
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\end_layout
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\begin_layout Subsection
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Presentations
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\end_layout
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\begin_layout Standard
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All presentations, including slides, charts, and supporting visual aids,
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prepared for use by a Conservancy officer or staff member shall be kept
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for at least two years.
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\end_layout
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\begin_layout Subsection
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Drafts
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\end_layout
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\begin_layout Standard
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Notwithstanding the above, once the final copy of a document has been completed,
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the drafts may be recycled or deleted, unless they are documents of legal
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value.
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For documents determined to be of legal value, drafts containing comments
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shall be saved for at least two years, and drafts without comment may be
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destroyed once the final version is complete.
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\end_layout
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\begin_layout Section
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Destruction of Documents
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\end_layout
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\begin_layout Standard
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Conservancy reserves the right to destroy hard copies of documents by shredding
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or fire after the expiration of the applicable document retention schedule.
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Conservancy reserves the right to destroy electronic copies of documents
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by fire or other proven means to destroy such media after the expiration
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of the applicable document retention schedule.
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\end_layout
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\begin_layout Standard
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All permitted document destruction shall be halted if the organization is
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being investigated by a governmental law enforcement agency, and routine
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destruction shall not be resumed without the written approval of Conservancy's
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General Counsel or Executive Director.
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No documents are to be concealed, altered, or destroyed with the intent
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to obstruct a legal investigation or litigation.
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\end_layout
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\end_body
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\end_document
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