Page 5 - TIPJar Summer 2017

available or prohibit letters, longhand the author of this article
employees from using written notes, and other Developing such or clientservices@
personal devices or forms of writing may policies is not a job for lozanosmith.com. We
accounts to conduct now be subject to the lawyers alone. Various are available to assist all
agency business, CPRA if they discuss stakeholders should be types of local agencies
negotiation with agency business, even involved in determining with developing their
bargaining units could be if they are possessed what process the agency own policies and best
required. and maintained only will use to address practices, including
by individual officials communications on development of agency-
In addition to queries for outside of the agency’s personal accounts, specific affidavits
advice on implementing offices. potentially including IT for public officials
new procedures in light staff, elected officials, and employees who
of City of San Jose, we 3. The third question has legal counsel, student may possess agency-
have received three been the most frequent service staff in school related business
repeated questions: one, reflecting a state districts, city managers communications in their
of disbelief: Does this and superintendents, personal accounts.
1. Does the ruling apply decision really mean that business officials, and
retroactively? Yes. an individual’s private possibly employee union It is a brave new world
Nothing in the case email accounts could be representatives. Once for public officials.
limits its holding to opened to disclosure under policies are developed, Until policies can be
how documents are the CPRA? The answer training will be critical developed and put in
created and retained is yes. for bringing local place to address how
after the ruling, meaning agency officials and a public agency will
that a CPRA request Moving forward, City employees up to speed implement City of San
for electronic records of San Jose supports on the policies that Jose, public officials
can reach back to an the notion that local were adopted and the may wish to limit the
indefinite time period. agencies should be procedures that will be use of their personal
developing and adopting followed when CPRA devices and accounts
2. What types of policies and practices to requests are received. for substantive
communications are address the disclosability communications
governed by the ruling? of electronic Lozano Smith was regarding their agency.
Again, there is no limit communications and the the first law firm in In the meantime,
to the breadth of the use of personal accounts California to develop and remember the old adage:
holding. It applies to for public business. broadly distribute email Don’t put it in writing
all forms of electronic Records retention retention policies for unless you want it on
communication relating policies will also be use in school districts. the front page of the
to public business. In relevant, as agencies We have now developed newspaper! 
fact, there is nothing will need to consider model school district
that limits the how email records, policy language to Harold M. Freiman is a
decision to electronic now including those address the City of San Partner in Lozano Smith's
communications: on personal accounts, Jose decision. The most Walnut Creek office.
It would appear will be retained by the recent version of this
that personal agency or its public model policy language is
correspondence in officials. available by contacting

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