Frequently Asked Questions
Ask a RMR question here.
- What is the difference between a record and a non-record?
- What is destruction of a record?
- What is disposition?
- What are record retention and disposition schedules?
- Where do permanent records get transferred to?
- What are the retention requirements for E-Mail?
- What is a confidential record?
- What is the difference between a record and a non-record?
- What is destruction of a record?
- What is disposition?
- What are record retention and disposition schedules?
- Where do permanent records get transferred to?
- What are the retention requirements for E-Mail?
- 1.15.3 NMAC - GRRDS, GENERAL ADMINISTRATIVE RECORDS (FOR USE BY LOCAL GOVERNMENT AND EDUCATIONAL INSTITUTIONS)
- 1.15.5 NMAC - GRRDS, GENERAL FINANCIAL SCHEDULE (INTERPRETIVE)
- 1.15.7 NMAC - GRRDS, GENERAL PERSONNEL (INTERPRETIVE)
- 1.20.3 NMAC - EDRRDS, NEW MEXICO COLLEGES AND UNIVERSITIES
- E-mail as Public records: E-mail and attachments identified as public records shall be retained and stored for as long as required under the appropriate retention period. E-mail that are public records include but are not limited to:
- policies and directives;
- correspondence or memoranda that contain final directives, determinations, instructions or guidance regarding public business;
- minutes of governing boards, advisory groups, ad-hoc committees or work groups developing programs;
- messages that authorize, establish or complete a business transaction; or
- final reports or recommendations such as to legislative committees or produced by task forces or study groups.
- Non-record and transitory e-mail: Non-record and transitory e-mail do not set policy, provide directives, establish guidelines or procedures nor do they certify transactions; they may be destroyed without the prior approval of the state records administrator. Non-record and transitory e-mail include but are not limited to:
- duplicate copies of messages sent to multiple people;
- personal messages and announcements not related to official agency business;
- preliminary drafts of letters, reports and memoranda;
- messages considered brainstorming or preliminary thought processes in nature, reflecting the exchange of ideas preliminary
to the development of a final decision or position of the agency; - transmittal e-mail that do not add substantive information to the attachment(s) being transmitted;
- copies of documents distributed for convenience or reference;
- announcements of social events, such as retirement parties;
- spam (unsolicited, commercial e-mail); and
- messages to or from e-mail distributions lists (listserv) not directly related to agency business.
- Steps to filing e-mail
- E-mail should be filed in a manner that enhances accessibility and assists in records management and retention.
- E-mail should be categorized according to the NMAC’s disposition and retention schedules.
- The attachment an e-mail contains falls under records management, not the e-mail which transmits it unless the body of the email adds substantive information to the attachment.
- What is a confidential record?
A record is business information preserved by any technique in any medium now known or later developed, that can be recognized by ordinary human sensory capabilities either directly or with the aid of technology (according to NMAC 1.13.30). Records have a life cycle that is governed by a disposition schedule. Non-records are those records for which the loss of the record presents no obstacle to restoring daily business and have no retention requirement.
Destruction means the process of totally obliterating information on records of no further value by any method (i.e. shredding, pulping, electronic overwrite) to make the information unreadable or unusable under any circumstances (according to NMAC 1.13.30).
Disposition is when electronic or paper records have reached their retention period and they are either saved to archives or go through the destruction process.
Records retention and disposition schedules are rules adopted by the state commission of public records pursuant to Section 14-3-6 NMSA 1978 describing records of an agency, establishing a timetable for their life cycle and providing authorization for their disposition. A department may have a different retention schedule than a central office.
Any record classified as permanent should be transferred to the University Archives.
Regulations concerning email are published in:
1.14.3 NMAC - RECORDS MANAGEMENT REQUIREMENTS FOR ELECTRONIC MESSAGING
E-mail may include public records or transitory information. Only those e-mail classified as public records must be retained based on established retention periods published in:
The content of e-mail may vary considerably; therefore, each e-mail shall be evaluated to determine if it meets the definition of a public record as defined in the Public Records Act and 1.13.4 NMAC. Non-records or transitory e-mail that do not provide evidence of official agency policies or business transactions may be deleted.
“Information provided to, created by or maintained by a government agency and that is exempt from release under state or federal laws, because disclosure would cause substantial harm or constitute an invasion of privacy or is otherwise prohibited by law.” NMAC 1.13.30.7
Personal identification information – name, social security number, military identification number, home address, telephone number, email address, fingerprint, photograph, state identification number, including driver’s license number; information deemed confidential by law.

