31-871. CLASSIFICATION AND RETENTION OF RECORDS. (1) County records shall be classified as follows:

(a) "Law enforcement media recording" means a digital record created by a law enforcement agency in the performance of its duties that consists of a recording of visual or audible components or both.

(b) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, building plans and specifications for commercial projects and government buildings, bond register, warrant register, budget records, general ledger, cash books and records affecting the title to real property or liens thereon, and other documents or records as may be deemed of permanent nature by the board of county commissioners.

(c) "Semipermanent records" shall consist of, but not be limited to, the following: claims, contracts, canceled checks, warrants, duplicate warrants, license applications, building applications for commercial projects and government buildings, departmental reports, purchase orders, vouchers, duplicate receipts, bonds and coupons, financial records, and other documents or records as may be deemed of semipermanent nature by the board of county commissioners.

(d) "Temporary records" shall consist of, but not be limited to, the following: correspondence not related to subsections (1) and (2) of this section, building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval, cash receipts subject to audit, and other records as may be deemed temporary by the board of county commissioners.

(e) Those records not included in paragraph (a), (b), (c) or (d) of this subsection shall be classified as permanent, semipermanent or temporary by the board of county commissioners and upon the advice of the office of the prosecuting attorney.

(2) County records shall be retained as follows:

(a) Permanent records shall be retained for not less than ten (10) years.

(b) Semipermanent records shall be kept for not less than five (5) years after date of issuance or completion of the matter contained within the record.

(c) Temporary records shall be retained for not less than two (2) years.

(d) Law enforcement media recordings with evidentiary value shall be retained for not less than two hundred (200) days from the date the recording was made.

(e) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency’s equipment that is not affixed to any building or structure’s interior or exterior wall shall be retained for not less than sixty (60) days from the date the recording was made.

(f) Law enforcement media recordings that have no evidentiary value and that are recorded by the law enforcement agency’s equipment that is affixed to any building or structure’s interior or exterior wall shall be retained for not less than fourteen (14) days from the date the recording was made.

(g) Records may be destroyed only by resolution of the board of county commissioners after regular audit and upon the advice of the prosecuting attorney, except that law enforcement media recordings may be destroyed without a resolution. A resolution ordering destruction must list, in detail, records to be destroyed. Such disposition shall be under the direction and supervision of the elected official or department head responsible for such records.

(h) The provisions of this section shall control the classification, retention and destruction of all county records unless otherwise provided in Idaho Code or any applicable federal law.

(3) As used in this section:

(a) "Evidentiary value" means containing information relevant to:

(i) Any use of force by a government agency;

(ii) Any events leading up to and including an arrest or citation for a criminal offense;

(iii) Any events that constitute a criminal offense;

(iv) Any encounter about which a complaint has been filed by a subject, or his representative, of the law enforcement media recording; or

(v) Any encounter about which a valid public records request has been filed by a subject, or his representative, of the law enforcement media recording.

(b) "Law enforcement agency" means a county agency given law enforcement powers or that has authority to investigate, enforce, prosecute or punish violators of state or federal criminal statutes, ordinances or regulations including a county sheriff’s office, a county prosecuting attorney’s office, and misdemeanor and juvenile probation offices. "Law enforcement agency" shall include any private entity contracting with a county to provide the services of a law enforcement agency.

(c) "Valid public records request" means a request as described in section 74-102, Idaho Code.

History:

[31-871, added 1993, ch. 140, sec. 2, p. 372; am. 2000, ch. 54, sec. 1, p. 108; am. 2001, ch. 99, sec. 3, p. 249; am. 2010, ch. 62, sec. 1, p. 111; am. 2011, ch. 285, sec. 1, p. 778; am. 2018, ch. 184, sec. 1, p. 403.]