Story Time: Taming Email

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Story TimeTaming Email Electronic
Communications

• Caroline Walters
• University Records Officer

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Three Stories

• Email the University Presidents Wife
• Text Messaging the Mayor
• Blogging to the Unemployment Line

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Once Upon a Time . . .

• University of Nevada Las Vegas
• David Ashley, President
• Bonnie first lady hostess of University
  Presidential parties/events.

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Email 12-8-2008
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Email 2-9-2009
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Email 2-18-2009
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Email 2-18-2009
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Morale of the Story

• Think about how you write and what you send in
  email.
• Dont forget that at a Public University your
  email is a Public Record and can be FOIA.

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Other Email Tips

• Check spelling/grammar
• Always use a subject line change if needed
• Dont assume or expect privacy in email
• CAPS is yelling in email/text language
• If mad, write, save and review after you calm
  down
• Use the phone or talk in person
• Even if you delete the email after you hit send,
  it may not be gone.

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Once Upon a Time . . .

• Kwame Kilpatrick Mayor of Detroit (2002-2008)
• Became Mayor at age 31

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Mayor Kilpatrick Issues

• Mayoral Mansion Party
• Questionable murder of dancer at the party
• Removed two police officers who investigated who
  then sued the Mayor
• Mayor and Chief of Staff testify in court denying
  personal relationship.
• Settled lawsuit for 8.4 million to keep text
  messages with Chief of Staff quiet.

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Text Messages

• Newspapers sued for access to settlement which
  included the text messages
• Mayor no privacy on city devices
• Discussed work and issues related to the two
  police officers

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Text Messages

• Also discussed personal relationship between the
  Mayor and Chief of Staff (Christine Beatty)
• On Sept. 15, 2002, Beatty described a sex act she
  wanted to perform on the mayor but said she
  didn't know how to approach him about it. He
  replied "Next time, just tell me to sit down,
  shut up and do your thing!"

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Test Messages

• On Sept. 19, 2002, Beatty wrote to Kilpatrick "I
  have wanted to hold you so badly all day, but I
  was trying to stay focused on work. So, I
  promise, not to keep you longer than 15 minutes.
• Kilpatrick replied "Don't promise (N-word.)"
• Beatty said "I'm in my office. Do you want me to
  come to yours or you coming to mine?"
• Kilpatrick said "I'm coming down there ... LOL
  ditto. Freaky Chris!"

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Conclusion

• Kwame Kilpatrick plead guilty to two felony
  counts of obstruction of justice
• 4 months jail time, 1 million restitution to
  Detroit, surrender law license, 5 years probation
• Resign as mayor of Detroit September 18, 2008 and
  surrender his state pension from his six years
  service.

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Morale of the Story

• Text messaging is a public record if using
  University equipment
• Text messages can be FOIA.
• Text messages dont go away that easily

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Once Upon a Time . . .

• Amy Norah Burch
• Harvard University
• Undergraduate Coordinator for Committee on
  Degrees in Social Studies
• Fired in 2004 because of her Blog
• Source Harvard Crimson 5-26-2004

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Burch the Blog

• included a link to her personal website in her
  Harvard e-mail signature.
• Personal website had a link to her online blog,
  which contained hundreds of posts about music,
  politics and her social life.
• Source Harvard Crimson 5-26-2004

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Burchs Blog Included

• I am one shade lighter than homicidal today. I
  am two snotty e-mails from professors away from
  bombing the entire Harvard campus.
• Complained about Director of Undergraduate
  Studies Anya Bernsteins random freaking out
  and Champlin-Scharffs anal retentive control
  freakishness.
• ready to get a shotgun and declare open season
  on all senior faculty members and students who
  dared cross her.
• Source Harvard Crimson 5-26-2004

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Morale of the Story

• Think before letting of steam in a public
  electronic forum.
• Keep personal and professional separate.
• Know your rights and the rules of the
  organization where you work.

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Blogging/Facebook Tips

• Dont criticize, make fun of, or make harassing
  comments about coworkers.
• Dont post anything that could be construed as
  racist, sexist, or otherwise bigoted.
• Dont reveal company trade secrets, or
  confidential information.
• Before using your electronic space to vent about
  workplace problems, try another method.
• Blog anonymously or restrict viewers to your
  electronic space/blog.

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Virginia Public Records Act

• "Public record" or "record" means recorded
  information that documents a transaction or
  activity by or with any public officer, agency or
  employee of an agency. Regardless of physical
  form or characteristic, the recorded information
  is a public record if it is produced, collected,
  received or retained in pursuance of law or in
  connection with the transaction of public
  business. The medium upon which such information
  is recorded has no bearing on the determination
  of whether the recording is a public record.
• Code of Virginia, Title 42.1 Chapter 7
• Virginia Public Records Act

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Destruction of Public Records

• VA Public Records Act 42.1-86.1
• No agency shall destroy or discard a public
  record unless
• (i) the record appears on a records retention
  and disposition schedule . . . and the record's
  retention period has expired
• (ii) a certificate of records destruction . .
  .has been properly completed and approved by the
  agency's designated records officer
• (iii) there is no litigation, audit,
  investigation, request for records pursuant to
  the Virginia Freedom of Information Act.

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Virginia Freedom of Information Act

• 2.2-3704-A. Except as otherwise specifically
  provided by law, all public records shall be open
  to inspection and copying by any citizens of the
  Commonwealth during the regular office hours of
  the custodian of such records. Access to such
  records shall not be denied to citizens of the
  Commonwealth, representatives of newspapers and
  magazines with circulation in the Commonwealth,
  and representatives of radio and television
  stations broadcasting in or into the
  Commonwealth. The custodian may require the
  requester to provide his name and legal address.
  The custodian of such records shall take all
  necessary precautions for their preservation and
  safekeeping.

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Remember

• "When a man assumes a public trust he should
  consider himself a public property."
• Thomas Jefferson

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Questions/Thanks!

• Caroline J. Walters, MA, MLS
• University Records Officer
• Records Management Office
• Box 400898, 2400 Old Ivy Road
• 434-243-9162
• records_at_virginia.edu
• www.virginia.edu/recordsmanagement