Software Freedom Conservancy Document Retention Policy

1 Purpose

Software Freedom Conservancy (“Conservancy”) has adopted a 
document retention and destruction policy (“Policy”) in order to 
define the record retention responsibilities of Conservancy 
officers, staff, and board members for maintaining and 
documenting the storage and destruction of Conservancy's 
documents and records.

2 General Guidelines

Records should not be kept if they are no longer needed for the 
operation of the business or required by law. Unnecessary records 
should be eliminated from the files. The cost of maintaining 
records is an expense which can grow unreasonably if good 
housekeeping is not performed. A mass of records also makes it 
more difficult to find pertinent records.

From time to time, Conservancy may establish retention or 
destruction policies or schedules for additional categories of 
records in order to ensure legal compliance, and also to 
accomplish other objectives, such as cost management. Conservancy 
has identified several categories of documents that warrant 
special consideration; these categories are listed below. While 
Conservancy has established minimum retention periods for these 
categories, the retention of these documents - and of records not 
included in the identified categories - should be determined 
primarily by the application of the General Guidelines affecting 
document retention in this Section, as well as the exception for 
litigation-relevant records described in the next Section and any 
other pertinent factors.

3 Exception for GPL Compliance and Litigation-Relevant Documents

Conservancy expects all staff, officers, board members, and PLCs 
to comply fully with this Policy and any other written document 
retention policies, with the following notable exception to any 
stated destruction schedule: if you believe, or if Conservancy 
informs you, that certain Conservancy and/or Project records 
relate to efforts to bring companies into compliance with the 
General Public License, enforcing the GPL, or in some way relates 
to litigation or potential litigation (i.e., a dispute that could 
result in litigation), then you must preserve those records until 
it is determined that the records are no longer needed. That 
exception supersedes any previously or subsequently established 
destruction schedule for those records.

4 Document Storage Methods

All Conservancy documents are stored electronically in a 
version-controlled repository on a remote server that is backed 
up to drives on our local premises, with the following 
exceptions: 

• Conservancy stores all e-mails on a separate e-mail server

• Conservancy retains hard copies of all contracts executed with 
  parties outside of the United States for at least the full term 
  of each contract

5 Minimum Retention Periods for Conservancy Documents

5.1 Organizational Documents 	

The following records should be retained permanently:

• Conservancy Articles of Incorporation

• Conservancy By-laws

• Conservancy's IRS Form 1023 - which is also to be made 
  available for public inspection upon request

• Board meeting minutes and supporting materials presented at Board meetings

5.2 Tax Records

Tax records should be retained for at least seven years from the 
date of filing the applicable return. These records include:

• IRS Form 990 and related schedules

• Financial audit letter and supporting documents

• Employment tax records

• Documents concerning payroll, expenses, proof of donor 
  contributions

• Documented accounting procedures

5.3 Financial Records

In general, Conservancy's financial records should be kept for at 
least seven years. These records include:

• Accounts payable ledgers and schedules

• Accounts receivable ledgers and schedules

• Bank reconciliations, bank statements, deposit slips and checks 
  (except for as stated below)

• Donation records

• Expense reimbursement requests and supporting receipts and 
  documentation

Certain important financial records are to be kept permanently. 
These records include: 

• Checks and/or proofs of payment for expenditures over 
  US$100,000

5.4 Employment/Personnel Records

All employment and personnel records should be kept for at least 
seven years, with the following exceptions:

• IRS Form 990 and related schedules: at least seven years from 
  the date of filing the applicable return

• Financial audit letter and supporting documents: at least seven 
  years from the date of filing the applicable return

• Employment applications and related documents (including 
  correspondence and CVs from prospective candidates): at least 
  three years

• Employee offer letters, and confirmations of acceptance: kept 
  permanently

5.5 Other Corporate Records

Other corporate records shall be kept according to the schedule 
below:

• Insurance policies (both current and expired), claims, and 
  related reports: retained permanently

• Press releases: retained permanently

• Trademark and copyright applications and registration 
  materials: retained permanently

• Executed fiscal sponsorship agreements: retained permanently

• Internal strategic documents: at least three years

• Correspondence regarding  Member Project decisions,
  including disbursement requests: at least seven years

5.6 Correspondence

• Except as classified above, letters received in hard copy shall 
  be kept for at least one year.

• Except as classified above, e-mail correspondence in 
  Conservancy e-mail accounts shall be archived for at least one 
  year, with the exception of the correspondence sent to the “
  compliance@sfconservancy.org” account, which shall be archived 
  for at least seven years. 

5.7 Reports from Projects

5.8 Blogs and Press Releases

Conservancy should retain permanent copies of all official 
Conservancy blogs and press releases.

5.9 Contracts

Except as classified above, all contracts entered into by 
Conservancy should be retained for at least seven years from the 
date of filing the applicable return. These records include:

• IRS Form 990 and related schedules

• Financial audit letter and supporting documents

• Documents concerning payroll, expenses, proof of donor 
  contributions

• Documented accounting procedures

5.10 Software Development Contract Deliverables

All code and supporting documentation written by a developer in 
fulfillment of a contract with Conservancy should be archived 
electronically for at least three years. 

5.11 Presentations

All presentations, including slides, charts, and supporting 
visual aids, prepared for use by a Conservancy officer or staff 
member shall be kept for at least two years. 

5.12 Drafts

Notwithstanding the above, once the final copy of a document has 
been completed, the drafts may be recycled or deleted, unless 
they are documents of legal value. For documents determined to be 
of legal value, drafts containing comments shall be saved for at 
least two years, and drafts without comment may be destroyed once 
the final version is complete. 

6 Destruction of Documents

Conservancy reserves the right to destroy hard copies of 
documents by shredding or fire after the expiration of the 
applicable document retention schedule. Conservancy reserves the 
right to destroy electronic copies of documents by fire or other 
proven means to destroy such media after the expiration of the 
applicable document retention schedule.

All permitted document destruction shall be halted if the 
organization is being investigated by a governmental law 
enforcement agency, and routine destruction shall not be resumed 
without the written approval of Conservancy's General Counsel or 
Executive Director. No documents are to be concealed, altered, or 
destroyed with the intent to obstruct a legal investigation or 
litigation.