chtechcomm AT lists.ibiblio.org
Subject: Chapel Hill Technology Advisory Committee
List archive
- From: Terri Buckner <tbuckner AT ibiblio.org>
- To: Chapel Hill Information Technology Advisory Committee <chtechcomm AT lists.ibiblio.org>, Gregg Gerdau <ggerdau AT intelor.com>
- Subject: [Chtechcomm] Email Use and Public Records Law
- Date: Mon, 11 Jul 2005 10:02:04 -0400
Martha Hoylman wrote:
Here are the posts that were generated by my questions to NCLGISA. The consensus seems to be that, regardless of the email address, most communications with elected officials should be considered public record law and should be maintained and retained as such. (There are a number of exceptions to the public record law as well as some nuances as to how long to retain the records dependent on long-term usefulness.)
This presents a significant challenge - there is a general feeling on the discussion board that most elected officials (and perhaps some government employees) don't understand what the public records law is all about and what it means to them and how it changes their work practices. Some counties ask that their public officials use county email for county business, but that's difficult to enforce. Some ask that their public officials cc the clerk of the board with any correspondence and allow that individual to maintain the records. Again, difficult to enforce.
Same goes for the public meetings law - the town council probably is well-versed in the law (having been bitten in the past and having attorney support available at all times), but most advisory boards, task forces and work groups probably are not. Some training is probably in order.
I don't know what, if anything, the tech committee can do about these issues. At the very least, we can educate ourselves. But, aside from that, I'm not sure.
Please send this on to the other committee members. When I get the April 2004 posts from Herman Schmidt, I'll pass those along as well.
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
------------------------------------------------------------------------
Subject:
RE:[nclgisa] Email Use and Public Records Law
From:
"Janet Lowe" <Janet.Lowe AT buncombecounty.org>
Date:
Fri, 8 Jul 2005 09:01:20 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
Hello all. Here's a link to a document (2002) relating to email and public
record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the level of thinking that created them." - Albert Einstein *******************************************************************
E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties by an
authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to
submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/. To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
------------------------------------------------------------------------
Subject:
RE:[nclgisa] Email Use and Public Records Law
From:
"Martha Hoylman" <mhoylman AT co.orange.nc.us>
Date:
Fri, 08 Jul 2005 09:13:51 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
This is helpful for clarifying the requirements for government employees and contractors. Do you think this also applies to elected officials?
I am specifically interested in the case where elected officials receive emails to personal accounts (such as, xxx AT aol.com <mailto:xxx AT aol.com>), retain those emails in their personal file system, and respond to emails without cc'ing anyone who would be keeping public records and without indicating on the email that the document may fall under the public records law.
Does anyone have any insight into how that situation is covered (or not) in the public records law?
TIA,
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
>>> Janet.Lowe AT buncombecounty.org 7/8/2005 9:01:20 AM >>>
Hello all. Here's a link to a document (2002) relating to email and public record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the level of thinking that created them."
- Albert Einstein
*******************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isisunc.edu:82/lists/. <http://webmail0.isis.unc.edu:82/lists/. >
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
------------------------------------------------------------------------
Subject:
RE: [nclgisa] Email Use and Public Records Law
From:
"Schmid, Herman E" <schmid AT forsyth.cc>
Date:
Fri, 8 Jul 2005 09:53:44 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
Martha,
I am "re-researching" Public Records to shore up my division's indexed databases.
Regarding your question: "Do you think this also applies to elected officials?", I think that the basic definition of Public Records in G.S. 132-1 definitely includes Public Officials and all types of communications:
§ 132‑1. "Public records" defined.
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
There are certain exceptions that follow, but generally speaking, public officials go right in with employees and contractors as they go about the "transaction of public business." So, generally speaking, email, in any email account, would be a public record.
BUT, the question of what must be DONE with a given individual email message is more complex. The document Janet provided says that the person must judge each piece on its merit as a public document and how it should be handled (disposed, printed, kept). Much of this would involve employee/official training and require a good records retention policy for the agency. I do not think many agencies really take it to that level where an employee or official really prints or stores individual emails based on their interpretation of how it fits in to the agency retention scheme. My guess is that those officials/employees who delete all email ARE deleting public records that should be archived or retained in some fashion. However, how many of them have been trained in this aspect of the law or have even read their own agencies record retention policy - if it even exists?
All this is not an area that anyone really wants to wade into too far....
Herman Schmid, Office Automation Manager (PCs, Phones, DTP)
Forsyth County MIS Dept
o: 336-703-2150 m: 336-682-1848 f: 336-727-2172
"If we're going to do this, we may as well have fun!" (Patty Ricono)
------------------------------------------------------------------------
*From:* Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
*Sent:* Friday, July 08, 2005 9:14 AM
*To:* The nclgisa mailing list
*Subject:* RE:[nclgisa] Email Use and Public Records Law
This is helpful for clarifying the requirements for government
employees and contractors. Do you think this also applies to
elected officials?
I am specifically interested in the case where elected officials
receive emails to personal accounts (such as, xxx AT aol.com
<mailto:xxx AT aol.com>), retain those emails in their personal file
system, and respond to emails without cc'ing anyone who would be
keeping public records and without indicating on the email that the
document may fall under the public records law.
Does anyone have any insight into how that situation is covered (or
not) in the public records law?
TIA,
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
>>> Janet.Lowe AT buncombecounty.org 7/8/2005 9:01:20 AM >>>
Hello all. Here's a link to a document (2002) relating to email and
public record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the
level of thinking that created them."
- Albert Einstein
*******************************************************************
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to
http://ncinfoiog.unc.edu/forms/listservchange.htm
<http://ncinfo.iog.unc.edu/forms/listservchange.htm> and use the
online form to submit the change/update.
To access messages through a Web browser go to
http://webmail0.isis.unc.edu:82/lists/. <http://webmail0.isis.unc.edu:82/lists/. >
To unsubscribe send an unsubscribe message that says [unsubscribe
nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the
online form to submit the change/update.
To access messages through a Web browser go to
http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe
nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
------------------------------------------------------------------------
Subject:
RE: [nclgisa] Email Use and Public Records Law
From:
"Boling, David E." <BolingDE AT co.rowan.nc.us>
Date:
Fri, 8 Jul 2005 10:29:29 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
Martha,
A public record is (according to NC General Statute Chapter 132),
*132-1. "Public records" defined.*
(a) "Public record" or "public records" shall mean all documents,
papers, letters, maps, books, photographs, films, sound
recordings, magnetic or other tapes, electronic data-processing
records, artifacts, or other documentary material, regardless of
physical form or characteristics, made or received pursuant to law
or ordinance in connection with the transaction of public business
by any agency of North Carolina government or its subdivisions.
Agency of North Carolina government or its subdivisions shall mean
and include every public office, public officer or official (State
or local, elected or appointed), institution, board, commission,
bureau, council, department, authority or other unit of government
of the State or of any county, unit, special district or other
political subdivision of government.
I think this means, any communications about public business by anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are several).
Also a "Reply to All" email conversation, may be considered a public meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't matter. Emails don't have to be saved in an electronic format, but they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov
-----Original Message-----
*From:* Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
*Sent:* Thursday, July 07, 2005 10:25 AM
*To:* The nclgisa mailing list
*Subject:* [nclgisa] Email Use and Public Records Law
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?
TIA
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
------------------------------------------------------------------------
Subject:
RE: [nclgisa] Email Use and Public Records Law
From:
"Boling, David E." <BolingDE AT co.rowan.nc.us>
Date:
Fri, 8 Jul 2005 10:55:06 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
Thanks Herman,
Maybe my simply-ness (un-complexity) is due to my lack of vocabulary (big words) or because I say have to "s'plain that to me" several times a day.
Have a good weekend!
P.S. Sorry for re-quoting GS 132-1 again, I didn't see it before I made my post.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov
-----Original Message-----
*From:* Schmid, Herman E [mailto:schmid AT forsyth.cc]
*Sent:* Friday, July 08, 2005 10:40 AM
*To:* The nclgisa mailing list
*Subject:* RE: [nclgisa] Email Use and Public Records Law
One of the emails from April 2004 was a "classic Boling" where he listed exceptions he had found in his "digging." David - you gotta love him - he makes the complex easy. The rest of us keep on pluggin' .
Here is what he said:
**Begin Boling **
Dawn,
Mr. Boling was my Dad, but thanks for the comment.
You are exactly right as well, in that there are many exceptions. Personnel records fall under 153A-98 for Counties and 160A-168 for Cities.
Here are some exceptions, I have found in my digging, I'm sure there are more. Also don't forget HIPAA, HIPAA, HIPAA.
Libraries
§ 125-19. Confidentiality of library user records.
County Employee records
§ 153A-98. Privacy of employee personnel records.
City Employee records
§ 160A-168. Privacy of employee personnel records.
Counsel, State Tax info, etc.
§ 132-1.1. Confidential communications by legal counsel to public board or
agency; State tax information; public enterprise billing information;
Address Confidentiality Program information.
Trade secrets, etc
§ 132-1.2. Confidential information.
Police, Sheriff
§ 132-1.4. Criminal investigations; intelligence information records.
Phone, address, etc
§ 132-1.5. 911 database.
University of North Carolina, a community college, public hospital
§ 132-1.6. Emergency response plans.
Password, etc
§ 132-1.7. Sensitive public security information.
Credit Card contributions
§ 163-278.14. No contributions in names of others; no anonymous
contributions; contributions in excess of one hundred dollars.
Taxes
§ 153A-148.1. Disclosure of certain information prohibited.
Room Taxes
§ 153A-155. Uniform provisions for room occupancy taxes.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov <mailto:Bolingde AT rowancountync.gov>
** END Boling
Herman Schmid, Office Automation Manager (PCs, Phones, DTP)
Forsyth County MIS Dept
o: 336-703-2150 m: 336-682-1848 f: 336-727-2172
"If we're going to do this, we may as well have fun!" (Patty Ricono)
------------------------------------------------------------------------
*From:* Boling, David E. [mailto:BolingDE AT co.rowan.nc.us]
*Sent:* Friday, July 08, 2005 10:29 AM
*To:* The nclgisa mailing list
*Subject:* RE: [nclgisa] Email Use and Public Records Law
Martha,
A public record is (according to NC General Statute Chapter 132),
*132-1 "Public records" defined.*
(a) "Public record" or "public records" shall mean all
documents, papers, letters, maps, books, photographs, films,
sound recordings, magnetic or other tapes, electronic
data-processing records, artifacts, or other documentary
material, regardless of physical form or characteristics, made
or received pursuant to law or ordinance in connection with
the transaction of public business by any agency of North
Carolina government or its subdivisions. Agency of North
Carolina government or its subdivisions shall mean and include
every public office, public officer or official (State or
local, elected or appointed), institution, board, commission,
bureau, council, department, authority or other unit of
government of the State or of any county, unit, special
district or other political subdivision of government.
I think this means, any communications about public business by
anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email
address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are
several).
Also a "Reply to All" email conversation, may be considered a public
meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't
matter. Emails don't have to be saved in an electronic format, but
they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov
-----Original Message-----
*From:* Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
*Sent:* Thursday, July 07, 2005 10:25 AM
*To:* The nclgisa mailing list
*Subject:* [nclgisa] Email Use and Public Records Law
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?
TIA
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the
online form to submit the change/update.
To access messages through a Web browser go to
http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe
nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the
online form to submit the change/update.
To access messages through a Web browser go to
http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe
nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
------------------------------------------------------------------------
Subject:
Re: [nclgisa] Email Use and Public Records Law
From:
"Jeff Futch" <jeff.futch AT ncmail.net>
Date:
Sat, 9 Jul 2005 10:22:04 -0400
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
To:
"The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
I feel my agency would agree with Mr. Boling's comments below. I'm not sure if Fleming Bell or David Lawrence with the IOG monitor this list serve, but someone should consider running this question by them. While its become common practice to allow public officials (especially elected ones) to use their private e-mails accounts (AOL, Hotmail, Yahoo, etc.) as a way for county and/or municipal staff and the public to contact them, it isn't something my agency feels is wise to do. E-mail sent and received via such private accounts would be considered part of the public record if used to conduct public business. It might take a court order before access could be gained, but I think a strong case for such action could be made, should it come to that. Some folks I guess may feel this is silly, but we tell our staff when questions regarding the use of e-mail come up, "Would you feel uncomfortable or embarrassed if the content of your message showed up on the front page of the newspaper?"
As for retention of e-mail, once again this is dictated by content. Much of the e-mail we receive has very short administrative value and can be deleted in a matter of days, if not hours. Still, at any given time I have hundreds of e-mails stored in various "folders" on my computer because, like everyone else, I might need to refer to something in the future. However, I do from time to time look through my folders and decide if I can or should delete messages. Once a major project ends, I print and file the e-mail messages regarding that project I feel I need to retain for future reference. Plus I dump my folders to disk from time to time just in case my computer decides to die. If we don't consider the retention of our e-mail messages we're just creating piles and piles of very tiny file cabinets which are not unlike the large ones we have in the file rooms and basements of our public buildings filled with paper records. Records folks retained many times simply because they felt they might need them some day, but which have since become a problem no one has the time to deal with.
Jeff Futch
Records Analyst
Western Office - Asheville
NC State Archives (828) 274-6789
----- Original Message -----
*From:* Boling, David E. <mailto:BolingDE AT co.rowan.nc.us>
*To:* The nclgisa mailing list <mailto:nclgisa AT listserv.unc.edu>
*Sent:* Friday, July 08, 2005 10:29 AM
*Subject:* RE: [nclgisa] Email Use and Public Records Law
Martha,
A public record is (according to NC General Statute Chapter 132),
*132-1 "Public records" defined.*
(a) "Public record" or "public records" shall mean all
documents, papers, letters, maps, books, photographs, films,
sound recordings, magnetic or other tapes, electronic
data-processing records, artifacts, or other documentary
material, regardless of physical form or characteristics, made
or received pursuant to law or ordinance in connection with
the transaction of public business by any agency of North
Carolina government or its subdivisions. Agency of North
Carolina government or its subdivisions shall mean and include
every public office, public officer or official (State or
local, elected or appointed), institution, board, commission,
bureau, council, department, authority or other unit of
government of the State or of any county, unit, special
district or other political subdivision of government.
I think this means, any communications about public business by
anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email
address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are
several).
Also a "Reply to All" email conversation, may be considered a public
meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't
matter. Emails don't have to be saved in an electronic format, but
they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov
-----Original Message-----
*From:* Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
*Sent:* Thursday, July 07, 2005 10:25 AM
*To:* The nclgisa mailing list
*Subject:* [nclgisa] Email Use and Public Records Law
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?
TIA
Martha
Martha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us <mailto:mhoylman AT co.orange.nc.us>
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the
online form to submit the change/update.
To access messages through a Web browser go to
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--- Begin Message ---
- From: "Martha Hoylman" <mhoylman AT co.orange.nc.us>
- To: <tbuckner AT ibiblio.org>
- Subject: Fwd: RE:[nclgisa] Email Use and Public Records Law
- Date: Mon, 11 Jul 2005 08:38:21 -0400
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us--- Begin Message ---Hello all. Here's a link to a document (2002) relating to email and public
- From: "Janet Lowe" <Janet.Lowe AT buncombecounty.org>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: RE:[nclgisa] Email Use and Public Records Law
- Date: Fri, 8 Jul 2005 09:01:20 -0400
record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the level of
thinking that created them."
- Albert Einstein
*******************************************************************
E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties by an
authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to
http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to
submit the change/update.
To access messages through a Web browser go to
http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to
pyoung AT email.unc.edu
--- End Message ------ Begin Message ---
- From: "Martha Hoylman" <mhoylman AT co.orange.nc.us>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: RE:[nclgisa] Email Use and Public Records Law
- Date: Fri, 08 Jul 2005 09:13:51 -0400
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us
>>> Janet.Lowe AT buncombecounty.org 7/8/2005 9:01:20 AM >>>Hello all. Here's a link to a document (2002) relating to email and public record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the level of thinking that created them."
- Albert Einstein
*******************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isisunc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
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To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
--- End Message ------ Begin Message ---
- From: "Schmid, Herman E" <schmid AT forsyth.cc>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: RE: [nclgisa] Email Use and Public Records Law
- Date: Fri, 8 Jul 2005 09:53:44 -0400
§ 132‑1. "Public records" defined.
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
There are certain exceptions that follow, but generally speaking, public officials go right in with employees and contractors as they go about the "transaction of public business." So, generally speaking, email, in any email account, would be a public record.
BUT, the question of what must be DONE with a given individual email message is more complex. The document Janet provided says that the person must judge each piece on its merit as a public document and how it should be handled (disposed, printed, kept). Much of this would involve employee/official training and require a good records retention policy for the agency.I do not think many agencies really take it to that level where an employee or official really prints or stores individual emails based on their interpretation of how it fits in to the agency retention scheme.My guess is that those officials/employees who delete all email ARE deleting public records that should be archived or retained in some fashion. However, how many of them have been trained in this aspect of the law or have even read their own agencies record retention policy - if it even exists?All this is not an area that anyone really wants to wade into too far....Herman Schmid, Office Automation Manager (PCs, Phones, DTP)Forsyth County MIS Depto: 336-703-2150 m: 336-682-1848 f: 336-727-2172"If we're going to do this, we may as well have fun!" (Patty Ricono)
From: Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
Sent: Friday, July 08, 2005 9:14 AM
To: The nclgisa mailing list
Subject: RE:[nclgisa] Email Use and Public Records LawThis is helpful for clarifying the requirements for government employees and contractors. Do you think this also applies to elected officials?I am specifically interested in the case where elected officials receive emails to personal accounts (such as, xxx AT aol.com), retain those emails in their personal file system, and respond to emails without cc'ing anyone who would be keeping public records and without indicating on the email that the document may fall under the public records law.Does anyone have any insight into how that situation is covered (or not) in the public records law?TIA,MarthaMartha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
Office: (919) 245-2287
Cell: (919) 949-3958
mhoylman AT co.orange.nc.us
>>> Janet.Lowe AT buncombecounty.org 7/8/2005 9:01:20 AM >>>Hello all. Here's a link to a document (2002) relating to email and public record law: http://www.ah.dcr.state.nc.us/records/e_records/Email_8_02.pdf
Hope that helps answer your questions.
Janet Lowe
GIS Coordinator
Buncombe County, NC
(828) 250-6861 59 Woodfin Place
(828) 250-6869 fax Asheville, NC 28801
"The problems that exist in the world today cannot be solved by the level of thinking that created them."
- Albert Einstein
*******************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.
*******************************************************************
If you need to change/update your e-mail address, please go to http://ncinfoiog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
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To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
--- End Message ------ Begin Message ---
- From: "Boling, David E." <BolingDE AT co.rowan.nc.us>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: RE: [nclgisa] Email Use and Public Records Law
- Date: Fri, 8 Jul 2005 10:29:29 -0400
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
I think this means, any communications about public business by anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are several).
Also a "Reply to All" email conversation, may be considered a public meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't matter. Emails don't have to be saved in an electronic format, but they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov-----Original Message-----
From: Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
Sent: Thursday, July 07, 2005 10:25 AM
To: The nclgisa mailing list
Subject: [nclgisa] Email Use and Public Records LawDo 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?TIAMarthaMartha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
--- End Message ------ Begin Message ---
- From: "Boling, David E." <BolingDE AT co.rowan.nc.us>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: RE: [nclgisa] Email Use and Public Records Law
- Date: Fri, 8 Jul 2005 10:55:06 -0400
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov-----Original Message-----
From: Schmid, Herman E [mailto:schmid AT forsyth.cc]
Sent: Friday, July 08, 2005 10:40 AM
To: The nclgisa mailing list
Subject: RE: [nclgisa] Email Use and Public Records LawOne of the emails from April 2004 was a "classic Boling" where he listed exceptions he had found in his "digging." David - you gotta love him - he makes the complex easy. The rest of us keep on pluggin' .Here is what he said:**Begin Boling **Dawn,
Mr. Boling was my Dad, but thanks for the comment.
You are exactly right as well, in that there are many exceptions. Personnel records fall under 153A-98 for Counties and 160A-168 for Cities.
Here are some exceptions, I have found in my digging, I'm sure there are more. Also don't forget HIPAA, HIPAA, HIPAA.
Libraries
§ 125-19. Confidentiality of library user records.
County Employee records
§ 153A-98. Privacy of employee personnel records.
City Employee records
§ 160A-168. Privacy of employee personnel records.
Counsel, State Tax info, etc.
§ 132-1.1. Confidential communications by legal counsel to public board or
agency; State tax information; public enterprise billing information;
Address Confidentiality Program information.
Trade secrets, etc
§ 132-1.2. Confidential information.
Police, Sheriff
§ 132-1.4. Criminal investigations; intelligence information records.
Phone, address, etc
§ 132-1.5. 911 database.
University of North Carolina, a community college, public hospital
§ 132-1.6. Emergency response plans.
Password, etc
§ 132-1.7. Sensitive public security information.
Credit Card contributions
§ 163-278.14. No contributions in names of others; no anonymous
contributions; contributions in excess of one hundred dollars.
Taxes
§ 153A-148.1. Disclosure of certain information prohibited.
Room Taxes
§ 153A-155. Uniform provisions for room occupancy taxes.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov <mailto:Bolingde AT rowancountync.gov>** END BolingHerman Schmid, Office Automation Manager (PCs, Phones, DTP)Forsyth County MIS Depto: 336-703-2150 m: 336-682-1848 f: 336-727-2172"If we're going to do this, we may as well have fun!" (Patty Ricono)
From: Boling, David E. [mailto:BolingDE AT co.rowan.nc.us]
Sent: Friday, July 08, 2005 10:29 AM
To: The nclgisa mailing list
Subject: RE: [nclgisa] Email Use and Public Records LawMartha,A public record is (according to NC General Statute Chapter 132),132-1 "Public records" defined.(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
I think this means, any communications about public business by anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are several).
Also a "Reply to All" email conversation, may be considered a public meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't matter. Emails don't have to be saved in an electronic format, but they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov-----Original Message-----
From: Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
Sent: Thursday, July 07, 2005 10:25 AM
To: The nclgisa mailing list
Subject: [nclgisa] Email Use and Public Records LawDo 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?TIAMarthaMartha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
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To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
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To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
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--- End Message ------ Begin Message ---
- From: "Jeff Futch" <jeff.futch AT ncmail.net>
- To: "The nclgisa mailing list" <nclgisa AT listserv.unc.edu>
- Subject: Re: [nclgisa] Email Use and Public Records Law
- Date: Sat, 9 Jul 2005 10:22:04 -0400
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.
I think this means, any communications about public business by anyone working for government, that is not excluded by law.
Public record is not dependant on ownership of the computer or email address or where it was received.
Three simple rules apply, (I my view, nothing else really matter).
1) The communication is about public (county, city, etc) business,
2) It was received by a public person (official, employee, agency, etc),
3) There is not an General Statute excluding it (and there are several).
Also a "Reply to All" email conversation, may be considered a public meeting and may need to be advertised.
Retention should follow the same policy, media really doesn't matter. Emails don't have to be saved in an electronic format, but they can be.
David Boling
Rowan County Information Systems
(Voice) 704-633-5761
(Fax) 704-642-2083
Bolingde AT rowancountync.gov-----Original Message-----
From: Martha Hoylman [mailto:mhoylman AT co.orange.nc.us]
Sent: Thursday, July 07, 2005 10:25 AM
To: The nclgisa mailing list
Subject: [nclgisa] Email Use and Public Records LawDo 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?TIAMarthaMartha A. Hoylman
Business Analyst/Project Manager
Orange County Government
208 S. Cameron Street
P.O. Box 8181
Hillsborough, NC 27278
mhoylman AT co.orange.nc.us
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
If you need to change/update your e-mail address, please go to http://ncinfo.iog.unc.edu/forms/listservchange.htm and use the online form to submit the change/update.
To access messages through a Web browser go to http://webmail0.isis.unc.edu:82/lists/.
To unsubscribe send an unsubscribe message that says [unsubscribe nclgisa] to pyoung AT email.unc.edu
--- End Message ---
--- End Message ---
- [Chtechcomm] Email Use and Public Records Law, Terri Buckner, 07/11/2005
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