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Monday, September 12, 2005

Law - Should some state e-mail records be kept private?

According to the Denver Post:

The state's open records law does not cover all records that a public agency makes, maintains or keeps, the [Colorado Supreme Court] said. Instead, "public records" includes only those records that a public agency makes and maintains for use in exercising functions required or authorized by law.
The headline to the story is "Racy e-mails to remain private: State Supreme court rules on whether every message produced on government-owned equipment is open to public scrutiny, even if the subject is intimate."

[Thanks go to Howard Bashman, who has just posted links to the story and related information from Colorado.]

More from the Post story:

The public has no right to see the intimate e-mails of public employees such as those sent between former Arapahoe County Clerk Tracy Baker and Leesa Sale, his assistant chief deputy and girlfriend, the Colorado Supreme Court ruled today. * * *

"After considering the content of the e-mail messages...we conclude that not all messages at issue here have a demonstrable connection to the performance of public functions or involve the receipt or expenditure of public funds," the ruling said.

"It is apparent that a large portion of the e-mail messages contain only sexually explicit exchanges between Baker and Sale."

They were sent as part of their personal relationship and not in the performance of their duties. * * *

At its root, the case decided whether every message produced on government-owned equipment is open to public scrutiny, even if the subject is intimate.

In January 2003, the Colorado Court of Appeals halted the release of 622 exchanged between Baker and Sale. But county commissioners and the Rocky Mountain News fought in court in court for the release of all the e-mails. They argued the e-mails were created on public equipment.

According to this story in the Rocky Mountain News: "Arapahoe County voters recalled Baker after the scandal about his extra-marital affair with Sale became public. Sale no longer works for the county."

Here is a link to the decision, The Denver Publishing Company d/b/a/ Rocky Mountain News v. The Board of County Commissioners of the County of Arapahoe, Colorado, also thanks to Mr. Bashman.

Posted by Marcia Oddi on September 12, 2005 04:23 PM
Posted to General Law Related