HomeMy WebLinkAboutCouncil Policy No. 400-15 - Email Retention
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Email Retention Policy No. 400-15
Effective Date: 7/26/16
Revised:
Page No. 1 of 7
PURPOSE
The purpose of this policy is to regulate the retention of electronic mail.
POLICY
This policy governs retention of e-mail, or electronic communication, that is created, sent,
received, forwarded, edited, stored, or otherwise used by means of City electronic
information resources of any kind, including, but not limited to, computers, computer
networks, software, telephones, voicemail, personal data assistants, and any other
electronic data systems or equipment (“City E- mail”). This policy applies to City E-mail
of City officials, officers, employees, volunteers and contractors. City E-mail may consist
of correspondence and other documentation which may constitute City records subject
to the requirements of the California Public Records Act (“CPRA”), the City’s Records
Retention Schedule and the laws and regulations governing it, and other laws and
regulations that apply to public agency information
A. City E-mail and City E-mail systems are intended to be a medium of
communication. City E-mail and City E-mail systems are not intended to be and
may not be used for the electronic storage or maintenance of permanent City
records.
B. Back-up tapes are for disaster recovery purpose only. Retention is the
responsibility of the sender of the message, not the back-up process. Back-up
copies performed by Information Technology staff are not records retention.
Back-up tapes of email systems should be retained no more than 60 days.
C. Persons subject to this policy are responsible for determining whether City E-
mails created, received, or used by them should be retained as permanent City
records. The definition of public records is “any writing or recording of an event
or information, which is kept in the custody of public officer, either because a law
requires it to be kept or because it is necessary or convenient to the discharge
of the public officer’s duties, and was made or retained for the purpose of
preserving its information content for future reference.” (See 64
Cal.Op.Att’y.Gen 317). Typically, City E-mails that contain substantive
information concerning City policies, decision-making, proceedings, projects, or
contractors, or that may later be important or useful for carrying out City
business should be retained as permanent City records in accordance with this
policy. Such records must be retained in accordance with this policy and the
City’s Records Retention Schedule. Regardless of retention requirements, e-mail
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Email Retention Policy No. 400-15
Effective Date: 7/26/16
and other electronic or paper documents pertaining to threatened or actual legal
proceedings must be retained until the litigation is finally concluded. Examples
of e- mails that are not public records include e-mails from friends or family,
and emails from one coworker to another inviting him or her to lunch or coffee.
D. Persons subject to this policy are responsible for determining whether City E-
mails that should be retained as permanent City records should be stored in
hard copy or electronic form. Permanent City electronic records are subject to
disclosure in electronic form in accordance with the CPRA. Typically, only City
E-mails intended for later editing, incorporation in other documents or electronic
transmission should be stored electronically. Such City E-Mails are
automatically stored on the server until deleted by the user or after 60 days
automatically by the system. All other City E-mails that should be retained as
permanent City records should be printed and filed in the appropriate City file
and deleted. The City Clerk and City Attorney are available to assist person’s
subject to this policy in determining which City E-mails should be retained as
permanent City records and how, and to address other questions concerning the
application of this policy.
E. Persons subject to this policy should generally determine whether City E-mails
created, received or used by them should be retained as permanent City records
within ten (10) working days of creation, receipt or use of the City E-mail.
Because City E-mails and e-mail systems may not be used for permanent
storage of City records, City E-mails are generally deemed pursuant to this
policy to constitute preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the City in the ordinary course of
business and that are therefore exempt from disclosure pursuant to the CPRA.
However, City department heads and the City Clerk are responsible for
determinations concerning disclosure of City records, including City E-mails,
in response to requests pursuant to the CPRA, subpoena or court order.
F. When the City receives a request for disclosure of City records that applies to
City E-mail, the person responsible for the covered records must, using
his/her best efforts and by any lawful means available, preserve any City E-
mail covered by the request until it is determined whether the City E-mail is
subject to retention and/or disclosure. The City Clerk and/or City Attorney must
be contacted concerning any request for disclosure of City records that applies
to City E-mail in the possession of person’s subject to this policy.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Email Retention Policy No. 400-15
Effective Date: 7/26/16
G. Persons subject to this policy are responsible for managing City E-mail and
City E-mail systems used by them in accordance with this policy. Persons
subject to this policy should regularly review their mailboxes or folders that
contain City E-mails and delete City E-mails that are not required to be kept by
law or this policy, or that are unnecessary or inconvenient for the discharge of
official City duties or the conduct of City business, or that are otherwise no longer
needed in accordance with this policy.
H. Persons subject to this policy should bear in mind the following design features of
the City electronic information systems that relate to City E-mails:
1. The IT Department performs an electronic back up of the City E-mail system
regularly. The back-up is a “snap shot” of the data contained on the City E-mail
server at the that time — the back-up is not a copy of all City E-mail activity
that has occurred since the previous backup (e.g., an Email received and
deleted from the “Deleted Items” folder between backups would not be
copied).
2. Back-ups are not permanent City records. The sole purpose of back-ups is
to provide a means of complete server recovery in case of a system failure.
The IT Department maintains backup data for no longer than two weeks
before they are overwritten.
3. The IT Manager has established a City E-mail management policy that will
automatically remove E-mails from the server that are more than 60 days old.
HISTORY
Adopted by Resolution No. 2016-089 07/26/16