Doug Allen wrote: In my view granting email secrecy to legislative
bodies, while requiring it of executives represents yet another double
standard....One where those who pass the laws fail to apply the same
requirements to themselves.  

Note, however, that legislative bodies are subject to the same legal
discovery processes others are. IN addition, all legislative actions are
covered in extensive minutes and documentation of their official
actions. There are actually some difficult constitutional issues here
regarding checks and balances between the three branches that require
more depth than I have time to consider. Note that part of the
constitutional role of the legislative branch is to provide oversight
over the executive, not vice versa. However, the people are supposed to
provide oversight over the legislative branch - arguing for openness in
e-mail usage. 

Its interesting how records rules - those mundane rules once left to
"glorified file clerks" - now impact national political issues. It would
appear, irregardless of the constitutional issues involved, that current
public records requirements may create an advantage/disadvantage for
candidates from different branches of government. To what extent do we
balance deliberation vs. access? Note that there are formal
documentation structures associated with legislative business. Is the
on-going concern of e-mail access in the executive branch a sign of
legislative imbalance (as generally assumed in this discussion); a sign
of greater concern over the one executive's activities vs. the
activities of - say - 50 senators (and a greater recognition of the
concentration of power in that executive as an individual?); or is it a
sign of a lack of trust in the documentation structures associated with
the executive branch? Or, is it simply the product of a litigious
society and a gotcha political culture? How do we determine when
transparency is appropriate, and when it is not? It appears the old
standard of "national security" is deteriorating. Has it been overused?
Underused? 

As noted before (and mentioned by a somewhat bemused Records Officer
from Alaska), we start with clear guidelines, and the resources to carry
them out. Can we leverage these types of incidences into meeting those
goals, just as we try to leverage the threat of litigation into similar
efforts? How important is transparency vs. deliberation? How is this
marketed?

As one of the first elected officials I worked for used to say, "If you
can't take the heat, stay out of the kitchen." Has technology made
things too hot?

Dwight Wallis, CRM
Records Administrator
Multnomah County Fleet, Records, Electronics, Distribution and Stores
(FREDS)
1620 S.E. 190th Avenue
Portland, OR 97233
Phone: (503)988-3741
Fax: (503)988-3754
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