Public agencies in California should prepare for the likelihood that
communications on officials’ and employees’ private devices related to the
agency’s “conduct of the public’s business” will be subject to disclosure
under the state’s Public Records Act. While it is impossible to predict
exactly how the California Supreme Court will rule on this issue, questions
and comments from the bench during oral argument on Wednesday makes it
appear likely the justices will strike down a lower court’s decision. That
would mean that such communications are subject to disclosure under the
PRA, even if those communications are not retained by or in possession of
the public agency.


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-- 
Peterk
Dallas, Tx
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