Record Retention Policy

Status: Under Review

ARTICLE I – PURPOSE AND SCOPE

1. Purpose. The purpose of this Record Retention Policy ("Policy") is to describe the practices used by Wikimedia District of Columbia ("the Corporation") to enhance compliance with the applicable legal requirements, including the D.C. Code (the “Code”) and the Sarbanes-Oxley Act, and to promote the proper treatment of corporate records of the Corporation.

ARTICLE II – GENERAL

1. Destruction of Records. Records should not be kept if they are no longer needed for the operation of the business or required by law, as excess retention of records makes it more difficult to effectively maintain and locate them.

2. Adoption of Schedules. From time to time, the Corporation may establish retention or destruction policies or schedules for specific categories of records. While minimum retention periods are established throughout this Policy, the retention of documents should be determined primarily by the application of the general guidelines affecting document retention, as well as the exception for litigation relevant documents and any other pertinent factors.

3. Written or Digital Records. Records required to be maintained by the Corporation pursuant to the Code may be retained in written form or in digital form.

ARTICLE III – LITIGATION AND INVESTIGATIONS

1. Indefinite Retention. Notwithstanding any other provision of this Policy, or any schedule that may be adopted pursuant to this Policy, all records that are relevant, or are believed to be relevant, to ongoing or anticipated litigation, proceeding, or government investigation, shall be retained until it is subsequently determined that the records are no longer needed.

2. Authority. For the purposes of this Policy, the President, the Secretary, the Chair of the Audit Committee, or any legal counsel retained by the Corporation are authorized to determine whether a record, or class of records, is subject to indefinite retention under this Article.

ARTICLE IV – MINIMUM RETENTION

1. Permanent Retention. The following classes of documents shall be retained permanently:

(a) The Corporation's articles of incorporation, Internal Revenue Service ("IRS") Form 1023, and IRS tax exemption determination letter;

(b) Retirement and pension records;

(c) Meeting minutes of, and all records of action taken by, the Board of Directors, the Membership, or any committee;

(d) Press releases and other public filings;

(e) Records of any intellectual property the Corporation may hold;

(f) Financial statements, evidence of financial transactions such as payment instruments for significant purchases, and depreciation schedules;

(g) Expired insurance policies, insurance records, accident reports, and insurance claims;

(h) External audit reports;

(i) Contribution records and documents evidencing terms of gifts.

2. Retention for Seven Years. The following classes of documents shall be retained for at least seven years:

(a) Tax records, including, but not be limited to, documents concerning payroll, expenses, proof of contributions made by donors, accounting procedures, and other documents concerning the Organization’s revenues;

(b) Personnel and employment records, including performance reviews, complaints brought against the Corporation and/or other employees, and memoranda concerning the foregoing;

(c) Inventories of products, materials, and supplies;

(d) Accounts payable ledgers;

3. Retention for Three Years. The following classes of documents shall be retained for at least three years:

(a) Employment applications;

(b) Marketing and sales documents;

(c) Contracts, leases, licenses, and other such documentation of commercial agreements, following the expiration of such agreements;

(d) Formal notices and other such communication to Members;

(e) Bank reconciliations, bank statements, deposit slips, and checks;

(f) Internal audit reports.

4. Retention of Legal Files. Legal files shall be retained for not less than ten years unless the Corporation's counsel determines a longer retention period is appropriate.

5. Members, Directors, and Officers. The Corporation shall maintain the names and addresses of all members, directors, and officers.

6. Biennial Report. The Corporation shall retain a copy of its most recent biennial report delivered to the Mayor of the District of Columbia.

ARTICLE V – INSPECTION

1. Right of Members. To the extent required by the Code, Members shall have the right to inspect and copy any of the records that are required to be maintained by the Code upon written demand and, in certain circumstances, upon a showing of proper and relevant purpose. Members may not use the member list for any commercial purpose or to solicit money or property, unless the money or property will be used to solicit votes of the members in connection with an election to be held by the Corporation.