Embed Size (px)
Citation preview
The Digital Age: Taming Your Text, Tweets, and Other Digital Records
TML Annual Conference
October 5, 2016
Presented by
Corby Alexander, City Manager, City of La Porte
Patrice Fogarty, City Secretary, City of La Porte
Alan Bojorquez, Principal, Bojorquez Law Firm
Laura Mueller, Associate Attorney, Bojorquez Law Firm
Courtesy of
TMCA – Texas Municipal Clerks Association, Inc.
2
Introductions
3
Opening Statements
• Alan Bojorquez, Principal, Bojorquez Law Firm, PC—
Moderator
• Corby Alexander, City Manager, City of La Porte
• Patrice Fogarty, City Secretary, City of La Porte
• Laura Mueller, Associate Attorney, Bojorquez Law
Firm, PC
4
Outline
• Opening Statements
• Regulating Review, Retention, and Release
• Issues in Taming your Digital Records
• Digital Records in the News
5
Review
Review of City Social Media Content
– City Policy
– First Amendment
6
Review
Review of City Social Media Content
Materials developed by departments must be approved by the
City Manager’s office prior to distribution. Departments may
request approval via email with attachments to show the proposed
materials or by submitting a hard copy of the proposed materials.
CMO staff may amend or revise the materials to ensure a
consistent look, character, and quality.
7
Review-City Policy—La Porte
EMPLOYEE POLICY
An employee is in violation of this policy if they publish any personal information about themselves,
other employees of the City of La Porte or a customer in any public medium (print, broadcast, digital
or online) that includes, but is not limited to the following:
• Has the potential or effect of involving the employee, their co workers, or the City of La
Porte in any kind of dispute or conflict with other employees or third parties;
• Reveals the unauthorized use of City uniforms or City equipment;
• Interferes with the work of any employee;
• Creates a harassing, demeaning or hostile working environment for any employee or third
party;
• Disrupts the smooth orderly flow of work within the office, or the delivery of services to
citizens;
• Harms the goodwill and reputation of the City of La Porte;
• Places doubt in the reliability, trustworthiness, or sound judgment of the person who is the
subject of the information; or
• Reveals confidential information of the City of La Porte.
8
Review—Social Media Help
Marketing Specialist
This position assists in programs that promote and market the City by designing, developing,
implementing and tracking tourism and marketing activities including special events to promote
La Porte. This position creates tourism and economic development promotional materials,
advertisement and internet content and collateral, as well as tourism-related events. This position
will serve as the liaison for local media, La Porte hoteliers and businesses, and tourism partners.
This position has responsibilities to assist during emergency conditions with notifications and
activations in the Emergency Operations Center. This position will be the focal point for all print
and electronic media within the City.
9
Retention
A. Electronic Records
Any information that is recorded in a form for computer processing and
that satisfies the definition of local government record data in the Local
Government Code, Section 205.001
B. Electronic Media
All media capable of being read by a computer including computer hard
disks, magnetic tapes, optical disks, or similar machine-readable media.
C. Electronic Records System
Any information system that produces, manipulates, and stores local
government records by using a computer.Texas Administrative Code, Chapter 7
Section 7.71. Definitions
10
Overview
Retention of Electronic Records:
(1) Local governments must establish policies to
ensure that electronic records, any software, hardware, and/or documentation, including maintenance documentation, required to retrieve and read the electronic records are retained as long as the approved retention period for the electronic records.
11
Overview
(2) The retention procedures must include provisions
for:
Scheduling the disposition of all electronic records,
according to statutory requirements, as well as related
software, documentation, and indexes; and
Establishing procedures for regular recopying,
reformatting, and other necessary maintenance to
ensure the retention and usability of electronic
records until the expiration of their retention periods.
12
Overview
Destruction of Electronic Records:
1) Electronic records may be destroyed only in accordance with the Local
Government Code, Section 202.001.
2) Each local government must ensure that: electronic records scheduled
for destruction are disposed of in a manner that ensures protection of
any confidential information; and
3) Magnetic storage media previously used for electronic records
containing confidential information are not reused if the previously
recorded information can be compromised by reuse in any way.
13
Release: Public Information Definition
• Traditional paper copies of documents
• Photographs
• Letters
• Audio/video recordings
• Electronic communications
– E-mails
– Internet postings
– Text messages
14
Release
• Same as for paper records
• Per page charges do not apply for electronic copies
• For inspection of information that electronically exists but is not available directly online, cannot charge unless it requires programming or manipulation of data
• Can E-Mail the link
15
E-Mail Policy
All City employees and public officials are required to use their City-issued
email accounts to conduct City business. Employees are prohibited from
using their personal email accounts to conduct City business. When
corresponding about City business via email, all City personnel must include
the City’s standardized email stationary and signature within the emailed
message. If an employee receives a city email at a private email address, the
employee should immediately forward the email to their city email address
for storage. No email concerning City business should be destroyed or
deleted except in accordance with the City’s record retention policy.
16
What happens when there is a request for
e-mails that are only in the City
Manager’s private e-mail account?
17
Texting
Are Text Messages Records?
“Before hitting ‘send’ on your next text message, you may want to think about the
content of your message and whether you’d be willing to disclose it to the public. Several
recent cases in Texas have prompted this question: Are text messages sent by members of
governmental bodies public information?
“Some would argue that something as short and informal as a text should not be
considered an official public record, but remember: a record is a record, despite what medium it
is in. Content is what is relevant.”
Texas State Library and Archives Commission
By Erica Wilson, Government Information Analyst
November 3, 2011
18
Release—AG
OR2011-13256
“Accordingly, we conclude to the extent the requested cellular telephone text messages and e-mails maintained by the individuals at issue relate to the official business of the city, they are subject to the Act. To the extent the cellular telephone text messages and e-mails do not relate to the official business of the city, they are not subject to the Act and need not be released.”
19
Who decides what goes out on the City’s Twitter
Account?
Can the City regulate employee’s Tweets?
How do we retain that information?
Social Media Policy?
20
OPEN RECORDS AND SOCIAL MEDIA
21
In the News
22
Conclusion
http://texasmunicipallawyers.com/news-
2/the-digital-age-taming-your-text-
tweets-and-other-digital-records/
24
Download this presentation and
additional resources today.
