Chapel Hill Technology Advisory Committee

[Terri Buckner <tbuckner AT ibiblio.org>]

Martha Holyman (new committee member) has posed the following questions 
to a School of Government listserv that servces information technology 
officials within NC local governments. She will share any responses she 
gets:

Question 1: A number of volunteer advisory committees appointed by 
either the Chapel Hill Town Council or the Orange County Board of County 
Commissioners use listservs to communicate to all committee members and 
elected officials on committee-specific topics.  These communications 
venture beyond just sharing of information into discussing issues and, 
occasionally, reaching conclusions or making decisions.

It has recently been noted that the use of listservs could, if 
substantial business is being conducted, be considered a committee or 
board meeting and thus would be in violation of the public meetings law.

Do any of you have policies or procedures in place to guide advisory 
boards and committees in their use (or not) of listservs?  For that 
matter, do you have any policies or procedures in place for the use of 
any type of information-sharing technology as it relates to the public 
meetings law?

Any information on how you handle this situation would be most helpful.

Question 2: Do you have any policies or guidelines for the use of email 
by elected and appointed officials?  I am specifically interested in the 
retention of those emails and the applicability of the public records 
law.  Does the public records law apply when the official is using a 
personal (non-government) email address?  When a citizen sends an 
official an email, does it then become part of the public record?  Are 
there particular circumstances where it does not?

Do you have a suggested wording for disclaimers to include in emails 
from elected or appointed officials to indicate that the correspondence 
is part of public record?