Dallas City Officials (and Duncanville City Officials) deleting e-mails!

Posted on June 4, 2009 by

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As defined by the Local Government Records Act, a “local government record” means: ANY document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the State, created or received by a local government or any of it’s officers or employees pursuant to law, including an ordinance, or in the transaction of public business”. Any document created or received by a City employee MUST be retained and disposed of according to the schedules adopted by the City and the retention period for a record applies to the record regardless of the medium in which it is maintained- i.e. paper or electronic version. E-mails are records and subject to record retention requirements! If a record is maintained electronically, the electronic data, as well as the hardware and software necessary to access the data, must be retained for the retention period assigned to the record, unless backup copies of the data are retained in paper or on microfilm for the retention period. If the City of Dallas adopted the following record retention schedule by the Texas State Library and Archives Commission, then unless a record is “exempt from destruction request requirements”, records CAN NOT be destroyed without the consent of the records management committee. Destruction of local government records contrary to the provisions of the Local Government Records Act of 1989 and administrative rules adopted under its authority is a Class A misdemeanor and, under certain circumstances, a third degree felony. Anyone destroying local government records without legal authorization may also be subject to criminal penalties and fines under the Open Records Act.
So beware City of Duncanville…these are your own adopted records retention requirements and your citizens and hopefully the City of Dallas’s citizen’s will make sure their government is following it’s own similar procedure for records retention and hold them accountable as we intend to do here in Duncanville, county of Dallas!!