November 06, 2007

O'Fallon Officials Deleting Public Records

Apparently Governor Blunt's office has company in deleting emails. According to O'Fallon City Administrator Bob Lowery, city attorney Kevin O'Keefe has advised city officials to immediately delete emails after they have been read. O'Keefe is a well respected attorney in the field of municipal law and represents 14 other municipalities in the St. Louis area. He co-authored an article on the Sunshine law with a partner in his firm.

The law is very clear that emails discussing public business are public records which would require the governmental body to retain the emails. I have yet to see any legal basis which supports a policy of "read then delete" emails. In fact, the law specifically provides for the removal or impeachment of public officials who destroy public records or fail to provide access to the public. There are also civil and criminal remedies for such actions.

Emails are the preferred form of communication for many of us today, including those in government. The use of emails should provide citizens with a more open and transparent government but, instead, some in our government apparently believe communication by email allows them to destroy the paper trail.

Attorney General Jay Nixon's office has the power to enforce the law regarding maintaining public records and making them available to the public. Will he do his job or is he going to sit back and wait for a citizen to take action? Every day you wait Mr. Nixon more public records are destroyed.

No comments: