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Subject:
From:
"Bergeron, Paul" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 26 Jan 2007 14:55:11 -0500
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I intend to do some searching in the RM listserv archives, however,
maybe someone would be able to direct me to some recent stories on this
subject...

I'm looking for any news articles or court decisions in other states
related to elected or appointed officials who communicated relative to
public business using their home, personal computers -- and then found
their home PC records subpoenaed or otherwise "compromised" under a
state's right-to-know, sunshine, or freedom of information act.

Here in NH we have no case law on this subject.  If an elected official
were to use a city computer for email correspondence among fellow board
members or to constituents, on any subject, then he is obviously
creating a public record open to inspection under right-to-know.  

However, what is muddy up this way -- besides the roads on a spring day
-- is what happens when board members are conversing among themselves,
about a matter that will come before the board, using their home
personal computers and never passing the communications through a
city-owned PC or email account.  (Not just apparently a "virtual
meeting" of a quorum of the board, but any communications relating to a
public policy before the board.)

Any anecdotes or stories out there that someone could share?

Paul R. Bergeron
City Clerk
229 Main Street
Nashua, NH 03060
Telephone: 603/589-3010
Fax: 603/589-3029
http://www.gonashua.com/

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