MSNBC has an interesting article on how public bodies in California are handling electronic devices and public disclosure.
What are the policies on electronic device communication in Knox County Commission, MPC, BZA, Commission, City Council, etc?
What about at the state level?
I recall Scott Moore's cell phone calls during Black Wednesday. Is using a cell during meetings still allowed? What about texts from lobbyists?
San Jose may have a prototype policy for our lawmakers to consider.
continued...
The better policy, they say, is one like San Jose's, which requires officials to disclose all discussions of public business, including those conducted on personal cell phones or laptops.
It was enacted months after a series of articles in the San Jose Mercury News last summer called attention to how text messaging between council members and lobbyists skirted the city's promises of open-government reform.
Mayor Reed said discussion of the new policy began a year ago, after a City Council member received a text from a lobbyist during a voting session that was meant for another council member. The text, which the member made public, appeared to be directions on how to vote on the lobbyist's issue.
The link to the MSNBC article
(link...)
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I think e-mails yes, but not sure.
Victoria DeFreese sought an AG opinion on the issue earlier:
(link...)
Either the issue was dropped, or the KNS never reported on the result. I couldn't find any final ruling reported by the AG office. If there is no ruling, this is still grey territory.
I don't think the County provides cellphones / blackberries for Commissioners, or pays for the service of personally owned devices.
Even if those records are open, commissioners have personal e-mails and phones, although those would be vulnerable to subpoena if there was reasonable cause to assume they were being used to violate the Open Meetings Act.
3rd option: KNS reported it
State official: DeFreese's 'constituent communication' is public record
Public record
Tennessee has a great open records law. I would think most digital communication would be covered, although its an intersting question.
Someone should call Frank Gibson, the Exec. Director of the TN Open Records Coalition (and former Tennesseean reporter, editor and ombudsman. Good guy) and ask him.
For the most part anything that comes into your posession as a government official or employee is public record..although there are some obvious and needed execeptions: police investigation, medical records etc.
Gibson would be the guy who could tell us.