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FOIA - Email Retention on Personal/Business Accts. & Deposits
Last Post 10/22/2015 08:57 AM by Melissa Bliss. 4 Replies.
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Melissa Bliss
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Posts:6

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10/16/2015 11:56 AM
    1. We have a FOIA request for an elected officials email that would include both is city account and business account. IF city business was conducted from his business account I"m assuming those are public records however, his access only goes back to a certain time. Would his business IT department be required to access additional emails backdating to the dates listed in the FOIA request?

    2. Our local school system was just left with a $20K bill from their attorney for redacting information from over 18,000 emails. The deposit was never paid and the information was never picked up by the requestor. We've adopted the following in our guidelines per MML's suggestion..."When the City requests the deposit it will provide you a non-binding best efforts estimate of how long it will take to process the request following receipt by the City of your deposit." This would appear that we are not obligated to process the request until AFTER a deposit was received.

    Have any of you had to address either of these issues and if so, how?

    Thanks!!
    Melissa Bliss,
    City of Three Rivers
    Gladys Bybee
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    Posts:64

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    10/16/2015 12:22 PM

    In Buchanan City we require half before we do the work. Unfortunately I had to calculate it on the spreadsheet. That took time and was difficult to calculate. Good Luck.
    Max Engle
    Basic Member
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    Posts:166

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    10/19/2015 10:25 AM
    We give our all our Board Memebers an e-mail address and tell them not to use a personal account or another business account. But some still do. If they do they are subject to FOIA, but only those e-mails pertaining to the subject they are asking for, and if he is using his own e-mail he should be keeping it for a minimum of 2 years. If they are not keeping it for that long then the Municipality and/or personally liable to a law suit.
    Max Engle
    Basic Member
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    Posts:166

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    10/19/2015 10:35 AM
    You are correct that you should not do any processing until you get the deposit, but you also have to remember that you can not charge more then $48 an change per hour for redaction by the lawyer.
    Melissa Bliss
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    Posts:6

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    10/22/2015 08:57 AM
    Thank you!
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