The lawsuit in the article dealt with preservation, but I wonder if the outcome would have been different if the lawsuit dealt with lack of compliance with a specific open records request.  What would happen if a citizen requested a record that was contained in the private email system and the state was unable to comply (message deleted, uncooperative email owner, etc.)?  Depending on the ramifications of non-compliance, maybe the state would be compelled to create or modify their communication policies to forbid private communication systems.

Mark Graves
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