The Smoking Gun-Records - Accountability
The Smoking Gun-Records - Accountability
The paper begins by defining in broad terms the role of recordkeeping in public
accountability, then goes on to consider the interrelated theme of accountability
in public recordkeeping by dwelling on failures in recordkeeping accountability
and their consequences to organisations and society. Of course there are many
examples of how good recordkeeping underpins accountability, but the
interrelationship between accountable recordkeeping and public accountability
can be most spectacularly demonstrated through the failures. On a more positive
note, the paper then focuses on the components of accountable public
recordkeeping regimes and the role of the archival authority in them. It concludes
by considering how, in light of the reinvention of recordkeeping and archiving in
recent times, archival roles and accountabilities are being redefined in
fundamental ways. The paper was presented by invitation as the keynote
address at the 22nd Annual Conference of the Archives and Records Association
of New Zealand, "Records and Archives Now – Who Cares?", in Dunedin, 3-5
September 1998.
A door like this has cracked open 5 or 6 times since we got up on our hind legs.
It's the best possible time to be alive, when almost everything you thought you
knew is wrong. (Valentine in Tom Stoppard's Arcadia, Faber and Faber, London,
1993, p. 48)
He saw an ichthyosaur … He stood face to face with the skull of a beast that
must have lived … unimaginably longer ago than even the most generous
computations from Scripture allowed for the beginning of the world … and
thought – and thought what?
'… The moment of my unbelief. The beginning of my make-belief …'
(Matthew in Graham Swift's Ever After, Picador, London, 1992, p. 101)
Throughout the paper I will be taking a broad view of the role of recordkeeping, a
view which is associated with records continuum thinking. It defines the role of
recordkeeping in relation to accountability as:
The next is from the ongoing fight to repatriate Catalan records seized during the
Spanish Civil War.
This next example is typical of the definitive statements about the role of
recordkeeping in relation to good governance and democratic accountability in
Australia in the 1980s and 1990s which have come out of the various Royal
Commissions and inquiries into cases of corporate and government corruption
and mismanagement. These cases have involved the fall of governments, the
collapse of state banks, the bankrupting of the empires of the so-called corporate
cowboys – "built on mountains of debt and creative accounting" – the prostitution
of professional management, accounting and auditing standards, and the
impotence of the regulatory authorities, the "muzzled watchdogs which failed to
bark"2. The casualties included Australia's largest industrial group and its three
largest television networks, Victoria's largest building society, Australia's three
largest merchant banks – and of course thousands of individual shareholders
and members of the public who ended up underwriting the debts. This statement
by the Royal Commission into the Commercial Activities of Government in
Western Australia (WA Inc) refers broadly to the role of recordkeeping in relation
to effective democratic accountability and historical accountability.
If the Police Service is serious about getting its house in order, and ridding itself
of the corrupt officers who are still left after the purge of the late 1980s, then it
must enforce standards of accountability, and it must keep its records faithfully.
(NSW Independent Commission Against Corruption, Investigation into the
Relationship between Police and Criminals, Second Report, April 1994, p. 39)
The background to this statement is that in a June 1997 report to the Victorian
parliament, the Auditor General reported on serious deficiencies in the
contractual and outsourcing practices of the Metropolitan Ambulance Service,
including the management of tendering processes, the specification of contract
terms and conditions, the award of contracts, and the monitoring of contracts.
These deficiencies had resulted in substantial financial losses to the state and
led to a police investigation into corrupt actions.
The Auditor General found that, in virtually all of the arrangements referred to
above, key documentation supporting critical management decisions could not
be produced by the Service for audit examination, and that this was a serious
impediment to the audit investigation, and likely to be a significant impediment in
the proposed police investigation.
The range of highly dubious practices followed in the past management of these
consultancy and outsourcing arrangements included the absence of
documentary evidence to substantiate how the thirty four registrations of interest
were short-listed to the four potential suppliers who were invited to submit
tenders. The Service was also unable to produce critical information to support
the evaluation of tenders and the selection of the preferred supplier, thus raising
doubts as to the integrity of the tender process. The Auditor General found that a
completely free hand had been given to consultants through total delegation of
responsibility without any evidence of scrutiny or assessment of their
performance by the Service. There was also a total absence of evidence of the
performance of any cost-benefit analyses to support the decision to enter into
long-term contracts with private sector providers.
The Auditor General also found that the Service's current Chief Executive Officer
has initiated a range of actions aimed at improving the effectiveness of the
Service's contract management. A number of the measures taken include
recordkeeping-related initiatives, eg the establishment of a contracts
management department, the creation of a contracts register, the development
and adoption of a contracts administration manual outlining policies and
procedures for all aspects of contract management, and the progressive
formulation of meaningful performance criteria for all contracts. A formal system
of delegations has also been introduced, and there is now a requirement for all
senior management to submit pecuniary interest statements. Finally an adequate
records management system has been implemented.
At macro and micro level the reports referenced, whether they refer to a more
traditional setting or an emerging environment, chronicle typical failures in
recordkeeping as presented below5.
And over and over again, the point is made that inadequate recordkeeping
regimes limit the ability of society's watchdogs and corporate compliance
managers to enforce accountability – in governance and corporate affairs, and in
recordkeeping.
The Guidelines also emphasise the need to specify the requirements for agency
recordkeeping relating to the management and monitoring of contracts.
As can be seen from this brief summary, the Guidelines highlight the importance
of identifying the appropriate recordkeeping regime for the outsourced service or
function, including relevant law, the role of and relationships between the various
accountability players, with particular reference to the role of the National
Archives, and the way that the rules relating to accountable recordkeeping mesh
with the rules relating to accountable business activity. A critical issue is the
identification of the recordkeeping responsibilities and accountabilities of the
service provider. Another vital issue relates to the way contracts are drawn up,
managed and monitored – this carries with it another "layer of recordkeeping
responsibilities and accountabilities" back in the government agency which is
administering the contract arrangements and is ultimately accountable to
parliament for the outsourced function. How recordkeeping responsibilities are
specified in a contract is in itself an enormous challenge – and it is essential, in
meeting this challenge, that "business and social accountabilities are mapped
against recordkeeping accountabilities"9. The outcomes of inquiries such as the
Victorian Auditor General's into the Metropolitan Ambulance Service should help
us to advance the specification of quality control and accountability related
recordkeeping requirements.
In the last section of the paper I want to return to where I began – with shifting
paradigms and the associated reinvention of recordkeeping and archiving. This
reinvention has involved going back to some very fundamental questions – eg
What are records? What is recordkeeping? What is the role of recordkeeping
professionals in organisations and society? What is the role of archival
authorities? Postcustodial thinking that looks to the integration of recordkeeping
and archiving, and views custody as a storage or preservation strategy, is
challenging the notion that custody by an archival institution is a basic principle of
archival science. In Australia, records continuum thinking has involved
reconceptualising appraisal, description and access as complex multi-layered
functions and processes that capture, manage and make accessible records for
business, social and cultural purposes as long as they are of value – a
nanosecond or millennia. This view sees such processes as beginning at or
before records creation and continuing throughout their life span. In this
reconceptualisation, appraisal is carried out through iterative processes that
evaluate business transactions, activities and functions to determine which
records need to be captured and how long they need to be kept to meet business
needs, the requirements of organisational accountability and community
expectations. Description refers to iterative processes that capture and manage
recordkeeping metadata. And access is concerned with iterative processes that
establish terms and conditions of access and use in accordance with the rights of
the parties to the transactions that the records document, the business purpose
of the transactions and community expectations10. Recordkeeping professionals
have been developing new roles as policy makers, standard setters, strategic
planners, system designers, educators, advocates and auditors, and this has
involved the forging of new partnerships. All of these developments have
fundamental implications for defining recordkeeping responsibilities and
accountabilities.
We see aspects of this shifting paradigm reflected in the way the roles of archival
authorities and archivists are being articulated. Take as an example, United
States Archivist John Carlin's vision for the National Archives and Records
Administration:
The National Archives is not a dusty hoard of ancient history. It is a public trust
on which our democracy depends. It enables people to inspect for themselves
the record of what government has done. It enables officials and agencies to
review their actions and helps citizens hold them accountable. It ensures
continuing access to essential evidence that documents
NARA ensures for the Citizen and the Public Servant, for the President and the
Congress and the Courts, ready access to essential evidence.
(John Carlin, "Ready Access to Essential Evidence": The Strategic Plan of the
National Archives and Records Administration 1997-2007,
athttp://www.nara.gov/nara/vision/naraplan.html)
Another trust-related metaphor worth considering is that of the trusted third party
which has the advantage of coming from the electronic commerce model11. This
metaphor could be used to express the role of the archival authority as
concerned with setting up regimes and trusted systems that:
The changing role of archivists is reflected in the shift of perception which depicts
them not as passive keepers of documentary detritus, Luc de Sante's "caretakers
in the boneyards of information"12, or Jenkinson's neutral, impartial custodians of
inherited records, but as Terry Cook's "active shapers of archival heritage, …
intervening agents conscious of their own historicity in the archive-creating
process"13, or Margaret Hedstrom's builders of "interfaces with time"14.
This shift has enormous implications for what archivists and archival institutions
are accountable for and to whom. The following questions provide a starting point
in the exploration of these issues:
In the Terry Cook and Margaret Hedstrom constructs, archivists become agents
of corporate and societal memory, builders of "memory palaces", participants in
processes which shape the record and provide interpretative interfaces to the
past. In these roles they leave archival imprints on the record. A key
accountability issue therefore becomes, how explicit and indelible should these
imprints be? And how should we account for them?
Earlier in the paper, it was emphasised that recordkeeping is but one of the
agents of corporate and societal memory. From a recordkeeping perspective,
more work has to be done on unravelling the dynamics and politics of corporate
and societal memory, keeping in mind, as Terry Cook exhorts us to do, Milan
Kundera's words that "the struggle against power is the struggle of memory
against forgetting"15. What is the specific role of recordkeeping in structuring
corporate and societal remembering and forgetting? A key insight in this
unravelling might relate to Barbara Reed's notion that recordkeeping is
essentially about the validation of the processes of remembering and forgetting.
But whose remembering and whose forgetting?
1 Terry Cook used this metaphor in his principal paper in the Third Plenary
Session of the XIII International Congress on Archives, Beijing, 1996: 'Archives in
the Post-Custodial World: Interaction of Archival Theory and Practice since the
Publication of the Dutch Manual in 1898'.
2 Trevor Sykes provides a comprehensive and damning account of these cases
in his book, Bold Riders: Behind Australia's Corporate Collapses, Allen and
Unwin, St. Leonards NSW, 1994.
3 The "Sports Rorts Affair" is a celebrated case that illustrates much about the
relationship between poor recordkeeping and incompetent, negligent or corrupt
public administration. It involved the former Minister for Sports in Australia, Ros
Kelly, her failure to account for decisions relating to the award of government
grants to sporting bodies, and her inability to counter allegations that she had
distributed the money disproportionately to marginal electorates to gain electoral
advantage for the Labor Party. The Affair centred around the use of a whiteboard
to record the process of decision making that went on in the ministerial office –
and its subsequent erasure. It spawned a splendid series of recordkeeping
related cartoons: in which Ros Kelly was eventually depicted as wiping herself
out as well. In the final analysis, the key question was: did Ros Kelly behave
corruptly and get caught out, or was she merely a poor recordkeeper, the victim
of an inadequate recordkeeping system and a piecemeal recordkeeping regime?
For an account of the "Sports Rorts Affair", see: James McKinnon, 'The "Sports
Rorts" Affair: A Case Study in Recordkeeping, Accountability and Media
Reporting", New Zealand Archivist, Vol. V, No. 4, Summer/December 1994, pp.
1-5.
4 The following information about the outsourcing arrangements of the Victorian
Metropolitan Ambulance Service is drawn from a case study prepared by
Barbara Reed for the Monash University-National Archives of Australia Records
Management and Archives Skills Training Program, 1998.
5 The typology of failures in recordkeeping accountability is based on analysis of
the findings of a range of Royal Commissions, inquiries and studies which
investigated public and corporate mismanagement and corruption in Australia in
the 1980s and 1990s, and related accountability failures. In addition to those
already referenced in this paper, they included: Office of the Auditor-General of
Western Australia, Performance Examination, Report No. 2, May 1994: Records
Management, 1994. This report relates to a review of records management at
macro and micro levels in the public sector in WA. The review was prompted by
the findings of seven other public reviews that had linked poor accountability to
deficiencies in records management, most notably the WA Inc Royal
Commission and the Royal Commission into Aboriginal Deaths in Custody.
Victoria, Pleasant Creek Training Centre Inquiry, Report to the Director-General
of Community Services Victoria, April 1991. This report dealt with incidents of
sexual abuse of intellectually disabled residents of the Pleasant Creek Training
Centre. Poor and negligent recordkeeping was found to be a contributing factor,
including incomplete, inaccurate, inconsistent or missing incident and
investigation reports, poor security resulting in unauthorised access to records by
night supervisors, and inadequate cross-referencing to Community Services
Victoria's central filing system.
Queensland, Electoral and Administrative Review Commission (EARC), Issues
Paper No. 16, Archives Legislation, September 1991. This paper details the case
of the 'lost' records of the Queensland Electoral Commission which related to the
redistribution of electoral boundaries in that state in 1985. The records were
apparently either destroyed or removed following the 1989 election and change
of government. The discovery of this 'loss' led to EARC's decision to institute a
review of archival law in Queensland.
For further analysis of a selection of these cases:
Sue McKemmish, 'Recordkeeping, Accountability and Continuity: the Australian
Reality' in Archival Documents: Providing Accountability Through Recordkeeping,
edited by Sue McKemmish and Frank Upward, Ancora Press, Clayton, 1993.
6 The typology of organisational risks was developed by David Bearman:
'Archival Management to Achieve Organisational Accountability for Electronic
Records' in Electronic Evidence: Strategies for Managing Records in
Contemporary Organisations, Archives and Museum Informatics, Pittsburgh,
1994, p. 13, 23-4. The issue of societal risks was in part explored in Sue
McKemmish, 'Evidence of Me…', Archives and Manuscripts, Vol. 24, No. 1, May
1996, pp. 28-45. The findings of a recent inquiry which highlight issues of
historical recordkeeping, public accountability and related societal risks are
reported in:
Commonwealth of Australia, Human Rights and Equal Opportunity Commission,
Bringing Them Home: Report of the National Inquiry into the Separation of
Aboriginal and Torres Strait Islander Children from their Families, 1997 (available
at ( http://www.hreoc.gov.au/nat_inq/inq_cont.htm)
7 The members of the Records Continuum Research Group are Sue
McKemmish (Director), Frank Upward, Barbara Reed and Livia Iacovino. Anne
Picot has also contributed to the analysis of accountable recordkeeping
presented here, in particular the definitions of accountable recordkeeping
regimes and compliant recordkeeping systems. (For more information on the
Group, see: http://www.sims.monash.edu.au/research/rcrg/.)
8 For more information on the current Australian initiatives in this area, see: Sue
McKemmish, Adrian Cunningham and Dagmar Parer, 'Metadata Mania',
conference paper presented to the Australian Society of Archivists 1998
Conference, Place, Interface and Cyberspace: Archives at the Edge, Fremantle,
August 1998 (available onhttp://www.sims.monash.edu.au/research/rcrg).
9 A particular area of interest of Records Continuum Research Group member,
Barbara Reed, who has explored the issues of the layers of recordkeeping
responsibilities and accountabilities involved in outsourcing arrangements and
their specification in contracts in modules of the Monash University-National
Archives of Australia Records Management and Archives Skills Training Program
1998.
10 These broad definitions of appraisal, description and access are being
developed by Records Continuum Research Group members Frank Upward,
Barbara Reed and Sue McKemmish.
11 Margaret Hedstrom has also referred to electronic commerce models:
'Building Record-Keeping Systems: Archivists Are Not Alone on the Wild
Frontier', Archivaria, No. 44, Spring 1997, pp. 44-71.
12 'The Contents of Pockets', Granta, No. 41, Autumn 1992, p. 140.
13 Terry Cook, 'Archives in the Post-Custodial World: Interaction of Archival
Theory and Practice since the Publication of the Dutch Manual in 1898', op.cit.
14 Margaret Hedstrom, 'Interfaces with Time', Keynote Address to the Australian
Society of Archivists 1998 Conference, Place, Interface and Cyberspace:
Archives at the Edge, Fremantle, August 1998.
15 From The Book of Laughter and Forgetting, 1980, quoted by Terry Cook,
op.cit.
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