Legal Handbook for Council Members 2022
required) and to provide access to them in response to public requests. If you have emails or text messages that are the subject of a records request, you have a legal responsibility to provide access to them under the public records law (unless an exception applies). This is the case even if they reside on your personal device or in your personal email account. And this is the case even if they are “short term” records that could have been discarded. If they still exist at the time of the request, you must provide them. NOTE: Emails sent or received using your government email address can be retrieved by the City’s IT department with the use of analytics. Therefore, it is advised that text messages or emails sent or received from your personal accounts or personal devices be forwarded to your government email account. The email then can be archived along with other public record emails of like content. Once the email or text message has been successfully forwarded to the government email account, it need not be retained on your personal device or account. On the other hand, if you do not forward the email or text message to your government email address, and there is a public records request for that information, you will be responsible for providing access to that information. Procedure for Responding to Requests Per the City’s Public Records Policy, a records request can be placed with any City employee or department. However, for the best accountability and turn-around time, the City recommends filing a written public information request directly with our public records administrator. Once that request is made, the following procedure begins: 1. The request is reviewed and, if needed, the requester is contacted to establish search terms and parameters for the search. 2. The public records administrator verifies whether the requester would like for the IT department to run analytics, to remove duplicative emails from any email searches. 3. When appropriate, City Council is notified of requests for emails or text messages (regarding City business) from their personal email accounts and/or devices. 4. Based upon the agreed upon search terms and parameters, the IT department searches for emails and/or documents responsive to the request. 5. The public records administrator (or departmental employee if the request was not submitted to the public records administrator) reviews the emails and/or documents and removes items which are not subject to public inspection pursuant to the Public Records Law. 6. The remaining documents are made available to the requester for inspection, while an explanation is provided for any emails and/or documents withheld pursuant to the Public Records Law. CDW/rdd Reference : Approved PIRT Policy - 03-19-2019 *City of Greensboro Policy on Public Records Requests for 911 Audio Recordings
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