Identifying Records 

Official Records

Whether or not materials are official records is based on whether they meet the definition of an official state record in § 24-80-101(2) C.R.S. Chapter 1 reviews this definition as well as other statutory definitions of records. While materials do not need to meet the definition of an official record in order to serve a business purpose, there are specific requirements associated with official records that make it necessary to clearly identify which documents and materials in any format are official records. 

Record Copy

The official record copy is the copy of a record that is designated to be kept for the full retention period. Record copies must maintain their legal authenticity and integrity. 

Duplicate Records/Convenience Copies

Duplicate copies of a record are not official copies and, in many instances, are transitory documents only used for a short period of time and then destroyed.

Public Records

The statutory definition of a public record is found in the Colorado Open Records Act. It is possible for something to be both an official and a public record or just one of these. The definition of a public record is much broader than that of an official record. It includes materials that may only need to be retained for a limited period of time. 

Materials that are Not Official Records

Transitory Records/Documents

General documentation or correspondence of extremely short-term or temporary value that is usually retained for a brief period of time. In some cases, this material is deleted after being read or after creating an associated subsequent record. 

Non Records

Non-records can include any recorded information the agency has that is not needed to document the performance of an official function. This includes things like drafts, duplicates, and reference documents.

Personal Papers/Records

Personal papers or files are materials that are owned by an employee and relate only to an individual’s private affairs; they are not used in the transaction of state business. These materials may document non-government business or activities and should generally be kept separate from departmental records and other materials and labeled as personal files.

Records are simply evidence of an organization’s business decisions, activities, or transactions and can be categorized into four primary areas of value:

• Administrative

Includes internal policies, procedures, operating guidelines, plans, methods, techniques, projects, performance appraisals, most types of reports, etc. 

• Legal 

Anything that documents the rights, responsibilities, and obligations of the agency, its personnel and/or citizens.  Includes contracts, leases, agreements, employment records, tax records, executive orders, rules, regulations, case/hearing files, licensing, etc.

• Fiscal

Relates to an agency's financial transactions such as budgets, payroll, invoices, payments, encumbrances, inventory, general ledger, accounting records, etc. (i.e., the audit trail for money received, managed, or spent). 

• Historical/Research

These are records that have a long-term historical significance.  Examples of historical records include: DOR’s Annual Report, press releases, speeches made at formal State events, some statistical reports, etc.

Whether or for how long a state record needs to be maintained also depends on whether you have the record copy or a duplicate copy.

Record Copy

The official record designated to be kept for the full retention period. 

Record copies must maintain their legal authenticity and integrity.

You are likely responsible for the record copy when:

• You are the creator or originator of a record that is maintained solely by you or only shared externally;

• You are the sole or primary recipient of a record that is received;

• You are managing collaboration internally on a record.

Duplicate Copy

A copy of the official record that is usually provided or retained as a courtesy copy to be used for a business purpose. Unlike the original, a duplicate copy can be disposed of without any loss to the evidence of official business decisions, activities, or transactions.

Some duplicate copies have to be maintained, but not for as long as the record copy. In other instances, duplicate copies are transitory and can be disposed of at any time. This includes duplicate record copies received but not filed or maintained, and quickly disposed of, such as meeting handouts.

Your division’s SA-194 based on the adopted state records retention schedule should indicate when duplicate copies need to be maintained, and for how long.

All Departmental records and information are owned by DOR and managed by employees. Work products created by DOR employees belong to DOR. 

A division or unit’s designated records custodian has the official responsibility and accountability for managing the records within that division or unit. There will also be circumstances where other individual employees may have direct custody of specific records as well. However, official department records should be maintained in a manner that is accessible to the records custodian and others who may need to access them.

Determining whether or not someone holds the record copy or a duplicate copy that is not transitory is based on who is responsible for maintaining the record.