.010 Definitions. For purposes of this section, the following terms shall be deemed to have the following meanings:
“Electronic communication” or “communication” means any communication to, from, between or among any City official(s) or employee(s) by use of an electronic communication system for the purpose of, or to facilitate, any business of the City.
“Electronic communication system” or “system” means any system, device, hardware, software, or other equipment designed and used for purposes of transmitting and/or receiving communications by any form of electronic mail, text messaging, or any network of interconnected computers, including but not limited to the Internet.
.020 Purpose. Electronic communications are an important and effective tool which facilitate the conduct of the City’s business through communications in an efficient, expeditious and cost-effective manner. Electronic communications are not preserved and retained by the City or its officers or employees in all instances because they are often of a transitory nature similar to telephonic communications. The electronic communication systems used by the City for such communications do not reasonably and practicably permit the indefinite or permanent retention and/or retrieval of all electronic communications. At the same time, the City recognizes its legal obligations relating to the preservation and/or public disclosure of certain records pursuant to the requirements of the destruction of records laws and/or the Public Records Act. The purpose of this section is to provide guidance to City officers and employees relating to the creation and preservation of electronic communications in order to facilitate the optimal use of such communications and to assure compliance with any applicable provisions of law with regard thereto.
.030 Preservation of Electronic Communications. An electronic communication must be preserved by a public officer or employee if either: (1) a law expressly requires such communication to be kept, or (2) preservation of such communication is necessary or convenient to the discharge of the public officer's or employee’s duties and such communication was made or retained for the purpose of preserving its informational content for future City use or reference. All other electronic communications (including marketing emails and transitory communications) may be deleted without preserving the informational content of the communication.
If an electronic communication is required to be preserved under this subsection .030, it shall be retained in accordance with the approved retention period for the file or record series in which such communication is placed, or to which it relates, as established by resolution of the City Council; provided, however, the retention provisions of this section shall not be deemed to impose any legal requirement or obligation on the City or any of its officers and employees not otherwise required or established by any other provision of law.
In the event a public inspection request is made pursuant to the Public Records Act, or a demand by subpoena or court order is received by the City, for any electronic communication in existence at the time such request or demand is received, the City officer or employee having control of the electronic communication shall use his or her best efforts, by any reasonable means available, to preserve the communication until it is determined whether such communication is subject to preservation, or public inspection or production, pursuant to any requirement of law. (Ord. 5608 § 2 (part); July 22, 1997; Ord. 6566 § 1 (part); January 23, 2024.)