Page 4 - TIPJar Summer 2017

responsive documents
that the individual
withheld. To have such
a practice, the Court
noted that training
the individuals who
are undertaking such
searches is appropriate.
The Court also discussed
the adoption of policies
that would prohibit the
use of personal accounts
for public business,
unless messages are
copied and forwarded to
an official government
account. While these
methods were offered as
examples, the Court did
not endorse any specific
approach, leaving it
to each public agency
to develop its own
practices.

While the Court gave
some clues as to how
public agencies can
attempt to comply with
its ruling, it left open
a host of other issues.
Public agencies will
have to determine how
to address evolving
technologies, including
apps that do not
preserve messages;
how to deal with public
officials and employees
who refuse to produce
records from their
personal accounts; and
how to distinguish gossip
from the substantive
conduct of public “The Supreme Court did
business. give helpful guidance on
what is now considered a
The ruling may also public record, concluding
create collective that only records that
bargaining issues. For ‘relate in some substantive
instance, if an agency way to the conduct of the
wishes to compel its public’s business’ will be
employees to make public record.”
their personal accounts

TIPJar - Summer 2017 4