Our Records program is "media-neutral". It is the content of the information that makes it a record.
It is not the format (hardcopy, email, microfilm, digital, electronic, etc.) that makes it a record or not.
Lee
M. Lee Watt, CRM
Records Administrator
Vail Resorts Management Company
Phone: 303-404-6450
Fax: 303-404-6422
Cell: 303-985-8840
www.vailresorts.com
VAILRESORTS(r)
EXPERIENCE OF A LIFETIME
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Julie J. Colgan
Sent: Wednesday, March 09, 2011 2:17 PM
To: [log in to unmask]
Subject: Re: Question about a legal case: Is email a record
Robert wrote: "The media and format has nothing to do with 'if a record is
a record'."
The issue here is whether an email is a "writing", not whether it is a
record. It's record status is neither here nor there with regard to the
court's interpretation of the contract language. As discussed in the
opinion, the email was allowed as evidence of correspondence/discussion, but
did not - in their opinion - rise to the level of a "writing" as was - again
their opinion - negotiated in the contract, and therefore did not satisfy.
This is a point of law, not a point of RIM.
Running with that though ... maybe a good RM could have advised the company
(beforehand) that according to contract law in Alabama, certain records must
be created (in certain formats) in order to ensure they have proper
recordkeeping to protect their interests in contracts. In this case, they
should have required the tenant to execute a formal renewal.
Any lawyers on the list care to contribute? :)
J
--
Julie J. Colgan, CRM
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