01145111

Monograph

http://www.trb.org/Publications/Blurbs/162629.aspx

In recent years, a series of issues have emerged confronting state departments of transportation (DOTs) with a broadening definition of "public record" and the necessity for a system for retaining, organizing, and avoiding the spoliation of evidence. Specific issues include creating records for administrative needs, collecting evidence in anticipation of litigation, escrowing documents, dealing with electronic documents/email, being aware of public records laws, and protecting all proprietary information. While the focus of this digest is on requirements applicable to state DOTs, federal statutes are discussed extensively because many are directly applicable to state governments in their capacity as grantees. Federal case law is discussed as well, as many of the documentation and retention issues confronting state courts have previously been comprehensively addressed by federal courts. The material covered in this digest should be useful to attorneys, administrators, safety officials, freedom of information officers, risk management personnel, maintenance engineers, and legislators.

English

59p

2009-10

NCHRP Legal Research Digest

Print

Appendices (8)

Federal laws; Legal documents; Legal factors; Recordkeeping; Risk management; State departments of transportation; State laws

Freedom of Information Act

Electronic documents

Data and Information Technology; Highways; Law; I10: Economics and Administration

TRIS, TRB

Nov 25 2009 1:46PM