Public records include all City related electronic communications

San Jose court ruling.  Associated Press, 3/20/13.  "San Jose ordered to disclose electronic messages."

"SAN JOSE, Calif.—San Jose officials' private text messages, emails and other electronic communications about city affairs must be made public, a judge has ruled in a potentially far-reaching decision with statewide implications.

And when you send, that document is public

Open-government advocates say Friday's ruling by Santa Clara County Judge James Kleinberg would close a loophole in the state's public records law. "It is, I believe, a correct interpretation and goes beyond certainly the practices of most cities and local governments," Peter Scheer, executive director of First Amendment Coalition, told the San Jose Mercury News. "It would bring a lot more of the most important communications within local governments within the jurisdiction of the Public Records."

... just between you and me

The League of California Cities and the California State Association of Counties has said that compelling officials to disclose information from personal accounts would be impractical because the government does not control access and storage, the Mercury News reported. They also argue that such requests raise privacy concerns because messages regarding official business may be mixed with personal messages. City Attorney Rick Doyle said he has not discussed the case with the City Council, so he could not say whether the city would appeal it.

Friday's ruling was a victory for environmental activist Ted Smith, who sued San Jose four years ago over its refusal to disclose leaders' personal electronic communications in response to his request. Smith's suit accused the city of violating the California Public Records Act. His attorney, James McManis, said the city's refusal to turn over the information was ironic given San Jose's 2010 policy making such private electronic communications by council members and their staff subject to disclosure."

Related - Mercury News, John Woolfolk, 3/20/13, "Judge orders San Jose to disclose officials' messages on private devices."

Submitted by Jim Wagner

Posted by Kathy Meeh