2002-06-26 CC Packet - Laserfiche WebLink

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. . also be careful to comply with any applicable copyright, patent and trademark laws before placing information created by someone other than the city on their Web sites. E. Open Meeting Law and e-mail City councils and other groups subject to the open meeting law (GML) should be cautious about using e-mail to communicate with other members of the councilor group. The GML does not specifically address the use of e-mail. However, the Minnesota Supreme Court has addressed the issue of whether communication through telephone conversations or letters can violate the GML. Moberg v. Independent School Dist. No. 281. 336 N.W.2d 510 (Minn. 1983). The Moberg court's decision indicates that communication through telephone conversations or letters by a quorum of a group subject to the GML about official business would violate the GML. The decision also indicates that serial communication through telephone conversations or letters by less than a quorum of a group subject to the GML to avoid a public hearing or to come to an agreement on an issue relating to official business could violate the OML. It seems very likely that this reasoning would also apply to e-mail communication. Reducing risk of liability for open meeting law violations In order to reduce the risk ofliability for GML violations, city councils and other groups subject to the OML should not use e-mail to communicate with other members of the council or group if: . A quorum of the councilor group subject to the GML is involved, and e-mail is being used to discuss, deliberate or receive information that relates to official business. . Less than a quorum of the council or group subject to the GML is involved, and e-mail is being used in a serial fashion to avoid a public hearing or to reach agreement on an issue relating to official business. F. Discovery in litigation "Never write an e-mail you'd regret seeing on a billboard, with your name on it. n Matt Kramer of Control Data Systems E-mail leaves an electronic trail. It is now common for a party to a lawsnit to request production of e-mail as apart of its discovery demand. E-mail is regarded as valuable discovery material because it is often written informally, and the statements made in e-mail rarely would be made in a written memorandum or document. In addition, the volume of stored e-mail messages can substantially increases litigation costs. Reducing the risk of liability from e-mail as discovery in litigation Cities should consider adopting procedures for the destruction of electronic files that comply with the laws relating to the retention of public records. Cities should train new employees about the danger of inappropriate e-mail. For example, employees should understand that an e-mail 6