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1.10.070 ELECTRONIC COMMUNICATIONS (E-MAIL, VOICEMAIL). .010 Definitions. For purposes of this section, the following terms shall be deemed to have the following meanings:
"Archival form" means either: (1) the transcription or printing of an electronic communication in a readable hard copy form, or (2) the transmission, conversion or recording of an electronic communication in an electronic data processing, computer or tape recording system by means of any computer hard drive, disk or diskette, magnetic tape, film, optical disk or CD-ROM, or any other electronic format by which the informational content of the electronic communication is capable of being permanently or indefinitely preserved and such information is capable of being retrieved in readable or audible and comprehensible form.
"Electronic communication" or "communication" means any communication to, from, between or among any City official(s) or employee(s) by use of an electronic communication system for the purpose of, or to facilitate, any business of the City but where it is neither necessary nor intended that the informational content of such communication be preserved for future City use or reference. "Electronic communication system" or "system" means any system, device, hardware, software, or other equipment designed and used for purposes of transmitting and/or receiving communications by any form of electronic mail (e-mail, cc-mail) or voicemail system, or any network of interconnected computers, including but not limited to the Internet and Worldwide Web, as used for such purposes. .020 Purpose. Electronic communications are an important and effective tool which facilitate the conduct of the City's business through communications in an efficient, expeditious and cost-effective manner. Electronic communications, by their nature, are not customarily preserved and retained by the City or its officers or employees but rather are of a transitory nature similar to, and often used as a substitute for, telephonic communications. The electronic communication systems used by the City for such communications do not reasonably and practicably permit the indefinite or permanent retention and/or retrieval of electronic communications. At the same time, the City recognizes its legal obligations relating to the preservation and/or public disclosure of certain records pursuant to the requirements of the destruction of records laws and/or the Public Records Act. The purpose of this section is to provide guidance to City officers and employees relating to the creation and preservation of electronic communications in order to facilitate the optimal use of such communications and to assure compliance with any applicable provisions of law with regard thereto. .030 Regulation.
.031 General. Each of the City's electronic communications systems periodically and routinely purges (deletes) electronic communications from the system without any necessary action of the sender or recipient of the communication. In addition, each such system allows and, to function as intended, anticipates or requires that recipients of such electronic communications regularly delete such communications from the system. For such reasons, an electronic communication is not to be used by any City official or employee as the exclusive means to memorialize information where it is either necessary or intended that the informational content of such communication be preserved for future City use or reference.
.032 Deletion or Retention of Communications. Except as set forth herein, electronic communications should be regularly deleted from the electronic communications system in the appropriate manner as prescribed for such system.
.01 Except as provided in subparagraph .04 hereof, an electronic communication may be deleted from the electronic communications system by the public officer or employee recipient (or the sender if necessary) without preserving the informational content of such communication, or any portion thereof, in archival form unless either: (1) a law expressly requires such communication to be kept, or (2) preservation of such communication is necessary or convenient to the discharge of the public 2/2
officer's or employee's duties and such communication was made or retained for the purpose of preserving its informational content for future City use or reference. .02 An electronic communication must be preserved in, or transferred to archival form by a public officer or employee where either: (1) a law expressly requires such communication to be kept, or (2) preservation of such communication is necessary or convenient to the discharge of the public officer's or employee's duties and such communication was made or retained for the purpose of preserving its informational content for future City use or reference. .03 Once in archival form (except for communications temporarily preserved in archival form pursuant to subparagraph .04 hereof), an electronic communication shall be preserved in accordance with the approved retention period for the file or record series in which such communication is placed, or to which it relates, as established by resolution of the City Council; provided, however, the retention provisions of this section shall not be deemed to impose any legal requirement or obligation on the City or any of its officers and employees not otherwise required or established by any other provision of law.
.04 In the event a public inspection request is made pursuant to the Public Records Act, or a demand by subpoena or court order is received by the City, for any electronic communication in existence at the time such request or demand is received, the City officer or employee having control of such electronic communication shall use his or her best efforts, by any reasonable means available, to temporarily preserve such communication until it is determined whether such communication is subject to preservation, or public inspection or production, pursuant to any requirement of law. The City Attorney shall immediately be contacted regarding any such inspection request or production demand. The City Attorney shall advise the City officer or employee (and the Custodian of Records of such City department) of the City's preservation, inspection and production obligations, if any, with regard to such communication. If it is determined that the City is legally obligated to either permit inspection or produce such electronic communication, the person in control of such communication shall thereafter preserve such communication in an archival form for the applicable retention schedule period as referenced in subparagraph .03 above.
.05 Any electronic communication which is preserved in an archival form in order to comply with any requirement of law or to preserve the informational content thereof for future City use or reference (other than a communication temporarily retained in archival form pursuant to subparagraph .04 of this subsection) shall be deemed a "City record" for purposes of the Public Records Act and shall thereafter be subject to the preservation and public disclosure requirements of such laws, as applicable. (Ord. 5608 § 2 (part); July 22, 1997.)