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2009_0413_Packet
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2009_0413_Packet
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Council may decide there is no reason for the Electronic Communications Policy to apply <br />to that committee. There is no legal requirement to adopt the Policy at all, much less to <br />apply it to advisory committees. However, the Policy should apply to all committees that <br />are governed by the Open Meeting Law if the purpose of the Policy is to ensure <br />compliance with the Open Meeting Law by providing rules for the use of electronic <br />communications. <br />III. What requirements does the Electronic Communications Policy impose on <br />Council members to retain �overnment records? <br />Minnesota law requires all cities to make and preserve all records necessary for a <br />full and accurate knowledge of the city's official activities. Minn. Stat. � 15.17. Cities <br />cannot destroy records without statutory authority or in accordance with the record <br />retention schedule. Minn. Stat. � 138.17, subd. 7. It is our understanding that the City <br />follows the State Historical Society's Records Retention Schedule for Minnesota Cities. <br />"Government records" are defined as a record of the City, including all cards, <br />correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings, <br />reports, tapes, writings, optical disks, and other data, information, or documentary <br />material, regardless of the physical form or characteristics, storage media, or conditions <br />of use, made or received by an officer or agency of a city or in connection with the <br />transaction of public business by an officer or agency. Minn. Stat. � 138.17, subd. <br />1(b) (1). Under the record retention laws, there is no difference between electronic <br />communications and regular mail correspondence. <br />While "government records" are broadly defined to include many types of <br />documents and data, the statute limits them to records made or received in connection <br />with the transaction of public business. Id. The statute further expressly defines <br />"records" to exclude data and information that does not become part of an official <br />transaction. Minn. Stat. � 138.17, subd. 1(b) (4). As a result, the only electronic <br />communications that would need to be retained for record retention purposes are those <br />that become part of an official transaction. The Policy has been revised to reflect these <br />limitations. Under the revised Policy, Council Members need only provide the City <br />Manager with an electronic communication that became part of an official City <br />transaction. <br />Under the record retention statute, there is no requirement to retain multiple copies <br />of government records. As a result, the Policy has also been revised to clarify that <br />Council Members are not obligated to retain or provide any electronic communications <br />that the City already possesses. <br />3 <br />
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