Resolution - 2015 - 15-31 - Establishing An Elected Official Email Policy - 12/15/2015RESOLUTION NO. 15 -31
A RESOLUTION OF THE CITY OF EAGLE, IDAHO, ESTABLISHING AN ELECTED
OFFICIAL EMAIL POLICY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Eagle, Idaho ( "City") recognize
the importance of email communications by elected officials in engaging City staff and
appointed officials and contractors, in providing information, and in communicating with
residents of the City; and
WHEREAS, the Mayor and City Council recognize that email communications have
implications under both the Idaho Public Records Act and the Idaho Open Meetings Act; and
WHEREAS, the Mayor and City Council desire to establish a policy for email
communications by elected officials.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho, as follows:
Section 1: The City hereby establishes the `Elected Official Email Policy," attached
hereto as Exhibit A and incorporated herein by this reference.
Section 2: This resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the Eagle City Council, Eagle, Idaho, this day of December, 2015.
APPROVED:
Jam s D. Reynolds, Ma#or .•�0NEA94 •,,��,,
ATTEST: �`t OR A;
Sharon K. Bergmann �'•.,,q��Fti�.•'
City Clerk/Treasurer ,
RESOLUTION NO. 15 -31
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EXHIBIT A
ELECTED OFFICIAL EMAIL POLICY
BACKGROUND
Elected officials of the City of Eagle each have a City email account with which to
conduct City business, including correspondence with other elected officials, residents, staff, the
City Engineer and the City Attorney. Use of email communications has implications under both
the Idaho Public Records Law and the Idaho Open Meetings Law. This policy has been
established in order to ensure that the management of elected officials' email communications
complies with the statutory requirements of the Idaho Open Meetings Law and the Idaho Public
Records Law, as well as the City's Records Retention Schedule.
ADMINISTRATIVE POLICY
A. Use of Email Communication by the Mayor and Council Members
1. Use of City Email Accounts. All emails related to City business should be sent
from or addressed to elected officials' City email accounts. Emails should not be diverted to
elected officials' private email accounts.
2. Permitted Email Communications. Some uses that are best adapted to email
communications include:
• Distributing Council agendas and meeting notices;
• Referring citizen questions and concerns to the City Clerk or other appropriate
staff for response;
• Responding to citizen or staff inquiries about City business;
• Scheduling meetings or other events without playing "phone tag."
3. Prohibited Email Communications. Email deliberation between two (2) or more
elected officials concerning public business and/or pending legislation are declared to be a public
meeting under the Idaho Open Meetings Law and are prohibited.
B. Email as a Public Record
1. In most cases, email is considered a public record under the Idaho Public Records
law.
2. Email systems send and receive both public records and information with no
retention value. Email messages that contain information about the City's activities, decisions,
and policies, as well as those that function as evidence of business transactions qualify as "public
records" of the City. Email and other electronic documents that meet this definition must be
treated like paper documents for the purpose of the Idaho Public Records Act, including
complying with any applicable retention schedules.
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3. For the purpose of satisfying the public records laws, email may include not only
messages sent and received by email systems, but all transmission and receipt data as well. In
order to retain the metadata (send timestamp, receive timestamp, and other properties that are not
part of the printed document) email that meets the criteria of a public record that has retention
value shall be maintained for the required retention period on a City server in a format that
preserves the metadata of the original record. Email that exists on personal, non -City computers
or in personal email accounts may also be a public record subject to disclosure. Therefore, all
City - related email should occur from a City email account hosted on a City server.
C. Application of Idaho Open Meetings Law to Elected Officials' Electronic
Communications, Such as Email or Instant Messaging
1. In most cases, the Idaho Open Meetings Law does apply to electronic
communications, which can include email, instant messaging, or other methods that allow
electronic interaction and deliberation. Interactive email discussions among a quorum of a
governing body (e.g. the City Council) regarding a matter which will come to the body for a vote
is a "meeting" under the Idaho Open Meetings Law.
2. To avoid violating either the letter or spirit of the Idaho Open Meetings Law, any
interactive electronic communications (i.e. that requires or invites two -way communication)
between or among the Mayor or any members of City Council are subject to the following:
• Restrict use of interactive electronic communication among the Mayor and
Council members to matters that do not require a vote or other formal action of
Council. Interactive electronic communications regarding upcoming ceremonial
or social events or about availability for meetings would not violate the law.
• Do not exchange electronic messages regarding matters which may come to
Council for a vote or other formal action. Although interactive communication
among two (2) or fewer members of the Council would not constitute a quorum
for purposes of the Open Meetings Law, the ease with which electronic mail can
be forwarded and exchanged invites interactive communication among a majority
of Council. The better practice would be to simply avoid interactive electronic
communication among the Mayor and Council on any matter that may require
formal Council action.
• The Mayor and Council may electronically forward informational materials,
emails from the public, and other information received electronically to each other
on a "no comment' ' or "FYI" basis. This one -way communication is qualitatively
no different than routing or forwarding a hard -copy of a news article or letter and
should not violate the Open Meetings Law.
D. Email Management Policy
1. In order to ensure that the emails of elected officials are properly managed, the
following email management policy should be followed:
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• All emails sent to or from an elected official's email account will be automatically
archived;
• Archived emails will be managed according to the City's Records Retention
Policy by the City Clerk;
• Original emails in the elected official's email account may be saved or deleted as
the elected official finds most useful.
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