Res 2007-086 - Laserfiche WebLink

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Information created or received is a local government record if it meets the definition in the Local Government Records Act: Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. Information created or received by an e-mail system is a local government record if it meets the definition above. A local government record must be made available to the public upon request unless the record fits an exception to disclosure described in Texas Government Code, Sections 552.101 - 552.123. The disclosure of public information includes local records created or received by means of an electronic mail system. The Public Information Act also protects the confidentiality of records with restricted access by establishing criminal penalties for distribution of confidential information. An electronic mail system should not be used for transmittal of confidential information unless the system provides security measures to control access so that confidential information is protected. Before any e-mail records are released pursuant to a public information request, any exempt information should be deleted from the e-mail. Section 2. Identification of Records Electronic documents meeting the legal definition of a local government record are subject to all records management requirements set forth in this Records Management Plan. All features of e-mail systems including messages, calendars, directories, distribution lists, attachments such as word processing documents and messages sent or received over external communication systems such as Internet should be evaluated to identify documentary materials that satisfy the definition of a local government record. Section 3. Retention of E-mail E-mail records, which are comparable to any other records of the City maintained for a specific period of time on paper or other electronic medium, must be kept for the minimum retention period identified in Section III, Records Control Schedules, of this Records Management Plan. Records must be maintained for the full retention period by the Division responsible for maintaining the record copy. Security measures should be taken to protect e-mail records from unauthorized alterations or deletions. Messages stored on-line should be regularly backed up to off-line media to guard against system failures or inadvertent erasures. Procedures for backing up electronic mail systems should be coordinated with the destruction of e-mail records so that no copies are maintained after the retention periods for the records expire. Page 20