Should old documents be fixed, archived or deleted?
Old documents should usually be left as they are, fixed only when people still use them, and deleted rarely. The federal web rule excepts most older PDFs posted before your deadline that nobody uses today. An archive helps only under four strict conditions. Deleting can cut off public access and run into records rules.
Three facts decide it: when the file was posted or created, whether anyone uses it now, and whether you will change it. For meeting documents in general, see are agendas and minutes covered.
The preexisting documents exception
The preexisting documents exception is the one that covers most old minutes and PDFs. A PDF, Word, presentation or spreadsheet file that was on your website before your deadline under the web rule does not have to meet WCAG 2.1 Level AA, unless people currently use it to apply for, gain access to or participate in a service.
(b) Preexisting conventional electronic documents. Conventional electronic documents that are available as part of a public entity’s web content or mobile apps before the date the public entity is required to comply with this subpart, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.
The Department’s First Steps guide applies it to a town’s past council minutes: they would probably qualify “so long as they were posted before the date the town has to comply with the rule and they are not currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.”
When an archive helps, and when it does not
An archive helps only when all four conditions in the rule’s definition hold at once. The content was created before your deadline, it is kept only for reference, research or recordkeeping, it is not changed after archiving, and it sits in an area clearly labeled as archived. A folder name alone does nothing.
Archived web content means web content that … (1) Was created before the date the public entity is required to comply with subpart H of this part, reproduces paper documents created before the date the public entity is required to comply with subpart H, or reproduces the contents of other physical media created before the date the public entity is required to comply with subpart H; (2) Is retained exclusively for reference, research, or recordkeeping; (3) Is not altered or updated after the date of archiving; and (4) Is organized and stored in a dedicated area or areas clearly identified as being archived.
For most old PDFs, the preexisting documents exception already does the job, so an archive is optional. Our archived content guide walks through each condition.
Minutes created after the deadline are not exempt
Minutes created after your deadline are not exempt, wherever you put them. The archive condition turns on when content was created, so minutes written after that date cannot become archived content by moving them to an archive page. The Department’s small entity guide uses council minutes as its own example.
Example: City council meeting minutes created after the date the city must comply with this rule would not fall under the exception, even if they are posted in the “archive” section of the city’s website, because this content was created after the time the city had to comply with this rule.
For a town under 50,000 or a special district, the deadline is currently April 26, 2028; see the deadline tracker. Every set of minutes adopted after that date needs to be readable when it goes up.
Colorado: the active use test
Colorado uses an active use test with an earlier date. Under the state rules, effective June 30, 2025, technology in active use on or after July 1, 2024 is covered, and so is anything created, altered or updated since then. Old files not in active use are covered when someone with a disability asks for an accessible version.
The rules apply to all ICT that is in active use on or after July 1, 2024 and any ICT that is newly created, developed, acquired, altered, updated, or purchased on or after July 1, 2024. The rules also apply when an accessible version of ICT not currently in active use is requested by an individual with a disability.
The rules define active use narrowly. For public-facing technology it means “currently used by members of the public as a primary means to apply for, gain access to, or participate in a public entity’s services, programs, or activities,” and it “does not include previous versions that may still be available, archived content, archivist materials, working products, deliberative materials, or drafts” (rule 11.4). Unused minutes from 2019 usually fall outside it; this month’s minutes do not. See our HB21-1110 guide.
The risks of deleting
Deleting is the option that looks cheapest and often costs the most. It takes information away from every resident, not only those using screen readers. It can collide with records retention and open records duties. And in Colorado, the state technology office advises against it directly, pointing towns to a clear contact for requests instead.
OIT’s guidance reads: “Public entities should not remove inaccessible documents and resources from their websites. Instead, they should ensure that it’s easy for people to find a point of contact if they need to request a reasonable accommodation while working towards making those online resources accessible” (OIT).
- Records rules still apply. Taking a file off the website is not destroying the record, but keep the master copy under your retention schedule. The Colorado State Archives notes that “no record shall be destroyed if it is pertinent to any current or pending litigation” (State Archives).
- Some documents may have to stay posted. A statute, charter or ordinance may require it. Check first.
- Requests do not go away. The effective communication duty in 28 CFR 35.160 still applies.
- It is a known worry. On June 23, 2026 the SBA Office of Advocacy said it was concerned that the rule’s costs and risks “are causing small governments to remove pertinent material or deactivate websites completely” (SBA Advocacy).
A decision flow for each old document
A decision flow keeps the choice consistent from file to file. Ask the questions below in order and stop at the first one that gives an answer. Write down the answer and the date for each document: a dated decision is easier to explain later than a folder moved without notes.
- Is it used now to apply for, gain access to or take part in a service? Forms, current ordinances, fee schedules, current agendas and packets. If yes, fix it.
- Was it posted after your federal deadline, or created or updated after July 1, 2024 in Colorado? If yes, fix it. An archive label does not help.
- Will you edit it? If yes, plan to fix the edited version. Editing ends both exceptions.
- Is it old, unused and unchanged? Leave it as it is under the preexisting documents exception. Optionally, move it to a clearly labeled archive area that meets all four conditions.
- Thinking of removing it? Check your retention schedule, open records duties and any posting requirement first, and keep the record.
- Did someone ask for it? Provide a version they can use, promptly, whatever the answers above.
Our free PDF checker helps you size step 1.
A worked example: a records page with 400 PDFs
A worked example shows the flow at scale. Picture a hypothetical town of 1,500 people with a “Minutes and Records” page holding about 400 PDFs from 2012 to today: a fee schedule, a business license form and years of council minutes, many scanned from signed paper.
The clerk sorts by the flow. The fee schedule and license form are in use, so they are fixed first. Older minutes are unused and unchanged, so they stay as they are, with a note of the exception relied on. In Colorado, minutes created since July 1, 2024 go on the fix list.
Nothing is deleted. The page gets a line on how to request any document in an accessible format, and the clerk logs each request in the town’s accessibility record.
What we do about it
What we do about it is keep the new documents readable, so the old pile stops growing. Each month we fix the agendas, packets, minutes and notices your town posts, have a person check every file, and sort older files against the exceptions, writing each decision and its date in the Readable Record. See how it works.
This guide explains the rule in plain language. It is not legal advice. For decisions about your town, talk to your attorney.
Questions
Do we have to fix old minutes and PDFs on our website?
You usually do not have to fix old minutes and PDFs that were posted before your deadline under the web rule, as long as nobody uses them now to apply for, gain access to or take part in a service. Current forms and ordinances are different. If anyone asks for an old file, provide a version they can use.
Can we move old PDFs into an archive instead of fixing them?
You can move old PDFs into an archive, but it only helps if all four conditions in 28 CFR 35.104 hold: created before your deadline, kept only for reference, research or recordkeeping, unchanged after archiving, and stored in an area clearly labeled as archived. Minutes created after the deadline do not qualify, whatever the folder says.
Should we delete old documents from our website instead of fixing them?
Deleting old documents from your website is rarely the best answer. Colorado's technology office says public entities should not remove inaccessible documents. Records retention schedules and open records laws still govern the underlying records, and some documents may be required to stay posted. Removal also takes information away from everyone. Check with your attorney first.
What does active use mean under the Colorado rules?
Active use under the Colorado rules means public-facing technology currently used by members of the public as a primary means to apply for, gain access to, or participate in a public entity's services, or used by employees to do their jobs. It does not include previous versions, archived content, working products, deliberative materials or drafts.
What if someone asks for an old document we did not fix?
If someone asks for an old document you did not fix, provide it in a form they can use, promptly. The exceptions only lift the technical standard. The effective communication duty in 28 CFR 35.160 still applies, and Colorado's rules apply whenever a person with a disability requests an accessible version. Log the request and your answer.
Sources
- 28 CFR 35.201, Exceptions (eCFR)
- 28 CFR 35.104, Definitions, including archived web content (eCFR)
- 28 CFR 35.160, Communications (eCFR)
- Small entity guide for the web rule (ADA.gov)
- First steps toward complying with the web rule (ADA.gov)
- 8 CCR 1501-11, Rules Establishing Technology Accessibility Standards, effective June 30, 2025 (Colorado Secretary of State)
- Digital accessibility law for Colorado state and local government (Colorado OIT)
- Municipal Records Management (Colorado State Archives)
- Advocacy Recommends that DOJ Withdraw ADA Accessibility Rule for Small Governments, June 23, 2026 (SBA Office of Advocacy)