Hoosier State Press Association - The Indiana Publisher
Issue link: https://www.ifoldsflip.com/i/76909
Page 4 August 2, 2012 Public vs. private email debate continues T official's public and private records a little fuzzy. It may take an Indiana he actions of two state agencies make the line between an elected court case to bring the issue into focus. A new member of the John- accounts have different stipu- lations. Hoage explains: "If the board member or son County Public Library board wanted to be sure his library-related emails were accessible to the public even though the board member was using a private email account. This prompted a request for an informal opinion from Public Access Counselor Joe Hoage. In his June 15 reply to Beverly Martin, director of the library, Hoage points out that personal email correspondence from a private email address is not subject to the Access to Public Records Act. But public emails on private agency is going to broadly publicize the board member's personal email address via the agency's website, business cards, or in some other fash- ion, so that the public is made aware that should they have issues related to the agency, they should contact the board member at his personal email address, it is likely that the email correspondence sent and received from the board member's personal email address related to agency issues would become a public record." His view is consistent with positions taken in court cases in Texas and Illinois. An Indiana judge has yet to rule on this concept. Meanwhile, the Indiana Points By Steve Key Key is drafting a policy on the retention of email for govern- mental entities that would take Hoage's informal opinion even further. Within the policy, the fol- lowing statement is made: "Email conducted on gov- Commission on Public Records HSPA Hotline came from The Salem Leader, The Salem Democrat, The Commercial Review (Portland) and The Republic (Columbus): The following questions A Q of a teacher who was sus- pended for a year. In response, the superintendent said, "the letters sent to our office do not contain any factual basis for the suspension and are deliberative in nature. I have been advised that I.C. 5-14-3-4 gives us basis for the denial of disclosure." Is she correct? The superinten- is seeking copies of letters sent to the school district con- cerning the actions The newspaper make better decisions for the public good. But this exception is for "intra-agency, interagency materials or documents from a private contractor." Letters from the public do not fit into any of those three categories. I don't think the "deliberative" exception applies. You can either make these arguments with the superin- tendent or with Public Access Counselor Joe Hoage in a request for an opinion as to whether the denial is proper. intends for citizens to see information that went into the disciplinary decision – what was given credence by the public agency, what was given no weight. The letters comprise part of dent defines "factual basis" narrowly. The provision the information considered. With access to the infor- mation in the personnel file, the public can judge whether the discipline meted out was appropriate. As to the "deliberate" argu- who'd like to advertise in it. A candidate who'd like to put a political ad into the tab and take advantage of the dis- counts has approached us. Is that a problem? No. The candidate ment, the superintendent is referring to the (b)(6) provi- sion that allows the public agency to keep confidential "records that are intra-agency or interagency advisory or deliberative material, includ- ing material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making." The provision allows public employees the opportunity to express their views to those making decisions, trial bal- loons and devil's advocate arguments without the infor- mation becoming public and stirring up a public uproar that could jeopardize their public employment. Those making decisions need to have full information from those under them to and the same discount would be available to his or her opposition. There's no prohibition pre- venting political candidates from taking advantage of vol- ume discounts or other deals offered by a newspaper. Q A the members how to use a new tool to evaluate the school superintendent's performance. Is this OK? session to "train school board members with an outside con- sultant about the performance of the role of the members as public officials." See IC 5-14-1.5-6.1(b)(11). Q A Q Door Law allows school boards to have an executive Yes. The Open Board of Works is planning to hold an executive session to consider an action The Columbus has planned an exec- utive session where someone will be brought in to show The school board is putting together a "Summer Heat" tab with discounts offered for those The newspaper against the former fire chief. The former chief wants the hearing to be open to the pub- lic, and the city refuses. My understanding is that TRAINING Continued from Page 1 while officials can shut report- ers out of the meeting because personnel decisions are being discussed, if they choose to take disciplinary action against the former chief they have to do that in an open meeting and we would be able to access the report of the mis- deeds. the head of the bus service (or allowed her to resign). Because it wasn't a "disciplinary" action, we weren't able to get any more information. They argued that she simply Earlier this year, they fired isn't getting any special treatment from the newspaper, wasn't meeting performance requirements. If they perform a similar maneuver – releas- ing the former chief because of non-performance or some other non-disciplinary reason – do we have any grounds to access those records of what happened in the executive ses- sion? A an executive session to receive information about alleged mis- conduct of an employee. A vote to terminate or sus- works has the final word on whether the hearing is public or The board of pend the former chief must take place in a public meet- ing. If the members suspend, demote or terminate the for- mer chief, you have the right to request access to records in his personnel file that outline the specific punishment and documents that go to the fac- tual basis for the disciplinary action. You also are correct that if the fire chief resigns rather than face a disciplinary vote, there is no final disciplinary action. Therefore the person- nel files can be kept confiden- tial at the discretion of the public agency. executive director and gen- eral counsel, with media law questions at skey@hspa.com or (317) 624-4427. Contact Steve Key, HSPA Beverly Sams, regional sales director. "The reps found the train- ing very helpful, and we have a very seasoned sales staff in Logansport," Sams said. Media $ales Basics as a helpful refresher for her. "I always recommend training," Long said. "You always find something to do differently or better to help the customer." Long said the course The director can see improvement in the staff's sales techniques and results. "The needs assessment really compliments another program we are working on called 'Brand Expand,' and it's helped them meet their goal for appointments in Logansport," she said. Seven-year veteran Arlene im proved her ability to determine a customer's needs and then follow up with a plan. Braeckel said the HSPA Foundation board would monitor participation and certification numbers to determine whether to con- tinue the program in 2013. For more information on Long, marketing consultant for the Pharos-Tribune and one of the 16 certified through the program, described MEMBER Continued from Page 1 •Camaraderie and net- working with other publish- ers and journalists. Potential benefits for HSPA from the inclusion of new membership classes include: • More dues revenue • Flexibility to meet changing dynamics, such as publications going from print to digital, for example • Greater diversity, both ernment devices, or through a government email address, or for official government purposes, is a public record. However, accessing a personal email account via the Internet on a government device is not considered establishing the personal email or the personal account as a public record if not conducting official govern- ment business." This policy would make any government-related email on an elected official's per- sonal account a public record, regardless of whether the offi- cial promoted that email as a conduit for constituents to use to reach him or her. Jim Corridan, director and state archivist for the com- mission, says the language is rooted in the Access to Public Records Act's definition of a public record – in particular the language that includes records "maintained or filed by or with a public agency." The commission would argue that when an elected official receives a constitu- ent's email on his private account or hits the send but- ton of an email concerning public business, the record has been effectively filed with the government unit. While I appreciate the argu- ment made, I know there are state legislators who would blanch at the idea that the emails they are generating on their private accounts could be public records. They would not stomach a proposition that would open up personal accounts to public records requests. Confirmation of the pub lic access counselor's or Com mis- sion on Public Records' views will take a judicial ruling, but public officials and employees should note the possibility that emails sent from or received by private email accounts could be public records. The simplest solution is to not use private email for pub- lic business. tor and general counsel for HSPA. Steve Key is executive direc- the program and an intro- ductory video, visit www. mediasalesbasics.com. For another copy of registration instructions, email Shawn Goldsby at sgoldsby@ hspa.com. publisher of The Paper of Montgomery County (Crawfordsville) and The Times (Noblesville); and Don Hurd, publisher of The Benton Review (Fowler) and The News & Review (Monon). The options available for the committee to recommend to the full board range from keeping the status quo to creating new membership categories for free or online publications. The new categories could in ideas on how to make journalism work financially and by opening the door to more minority publications. The other members of the Membership Committee are chairman Tim Timmons, Digital Publications Perfect for daily editions, special sections and free papers Mobile-ready with no app or download required Audio/video embedding supported ABC and CVC audit compliant Priced per issue, not per page Call: 910-323-0349 www.ifoldspro.com have limitations that would make their membership dif- ferent from the paid-circula- tion newspapers. Any dramatic changes to the membership criteria would require approval by the full board of directors. FREE DEMO!