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Guidelines for Board E-Mail Usage
There are two areas of the law that affect the use of e-mail by Board members: requests to view e-mail pursuant to the Freedom of Information Act FOIA and the requirement to retain e-mail as public records. Generally, e-mail messages will be subject to an FOI request unless the subject matter of the e-mail is specifically exempt from disclosure under the FOIA. For example, e-mail messages pertaining to pending litigation, collective bargaining negotiations, personnel matters that would be perceived as an invasion of privacy or confidential student information are all topics that would be exempt from disclosure under the FOIA. If you discussed such things in e-mail messages, it is likely that they would be exempt from disclosure under FOI. However, it is generally recognized that the current level of technology can not assure that e-mail messages are secure, private or confidential. Therefore, it is imprudent to discuss many of the matters that are exempt from FOI disclosure via e-mail messages.
Meanwhile, the Board is required by law to retain public records and not destroy them without the permission of the Public Records Administrator. Public records are defined as “any recorded data or information relating to the conduct of the public’s business prepared, owned, used, or received by a public agency whether such data or information be handwritten, typed, tape-recorded, printed, Photostatted, photographed or recorded by any method.” The Public Records Administrator has a retention schedule that defines the length of time certain records must be retained prior to requesting approval for destruction. Conveniently, e-mails that are of a transitory nature are NOT required to be retained. You may delete such e-mails at will and without the permission of the Public Administrator. “Transitory messages” are defined as “non-record material such as junk mail, publications, notices, reviews, announcements, employee activities, routine business activities, casual and routine communications similar to telephone conversations.” E-mail messages of a more permanent nature (correspondence, complaints, policy discussions, etc) may be required to be retained or transferred to paper and retained (irrespective of whether they are subject to disclosure under the FOIA). There are criminal penalties for the willful destruction of public records.
It is important to note that although transitory e-mail messages may be deleted at will, they may still be subject to FOI requests. A transitory e-mail must never be deleted in order to avoid the Board’s duties under FOI. In other words, you must not delete transitory e-mail messages after an FOI request has been made or in anticipation of such a request otherwise you face potential penalties under the FOIA. In light of the foregoing, you might simply forbid Board members from using e-mail in relation to the conduct of Board business. Since that is an extreme position and contrary to your stated intention of encouraging all Board members to use e-mail, the following suggested revisions are offered.
The Freedom of Information Act mandates that all meetings of public bodies such as school Boards be open to the public. It is the policy of the Board of Education that email be used in a manner consistent with the law. For this purpose, this bylaw sets forth guidelines for the uses of e-mail by Board members when communicating with other Board members.
1. E-mail, like other written forms of communication relating to the conduct of the public business may be subject to disclosure under the Freedom of Information Act.
2. Board members shall not use e‑mail as a substitute for deliberations at public Board meetings, and/or shall not discuss policy matters or vote informally on any issues.
3. E-mail should be used or transitory messages that are casual and routine communications similar to telephone conversations.
4. Security of e-mail communication cannot be assured. Board members shall not reveal their passwords to others in the network or to anyone outside of it. If any Board member has reason to believe a password has been lost or stolen, or that e-mail is being accessed by someone without authorization, he/she shall notify the Superintendent, who will notify the district’s technology specialist.
5. Personnel issues and other sensitive subjects should never be discussed on-line. The confidentiality of employee data, student data, and other sensitive subjects must always be maintained.
6. Any non-transitory e-mail messages related to the conduct of the Board’s business shall be transferred to a paper copy and retained by the Board in accordance with the law.
Any usage contrary to the aforementioned shall be reported immediately to the Superintendent and may result in the suspension and/or revocation of system access.
Accessing E-Mail
In an effort to encourage all Board members to access e-mail, while maintaining public fiscal responsibility, the Board of Education will loan to any Board member needing access, a modem, computer (when surplus is available), and other hardware peripherals for the sole use of conducting Board business to be returned to the Board Office upon leaving office. It will be the individual Board member's responsibility to provide the hook-up and pay all consumable expenses associated with e-mail usage. In the event a Board member elects not to access e‑mail, a hard copy of all e-mail directed to "Board" will be placed in the Board packet delivered via courier, and will also be accessible in the Board of Education Office.
Legal Reference:
Connecticut General Statutes
§1-18 Disposition of Original Documents
§11-8 Records Management Program
§11-8a Retention, destruction and transfer of documents
§ 7-109 Destruction of documents
§ 1-200 et seq., The Freedom of Information Act.
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