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2 <br />3 <br />4 4. <br />5 <br />6 <br />An electronic communication is a government record subject to the Record <br />Retention Policy for Cities. <br />Can Council Members participate in listservs and other message <br />boards/chatrooms? <br />7 Section V of the draft Policy addresses listservs and electronic discussion forums. <br />8 The provision cautions against replying to an entire group when the reply could be <br />9 considered deliberation on a matter presently pending before the Council for <br />10 official action. For example, any comment that could be seen as a communication <br />11 with another Council Member to avoid public discussion or to forge a majority in <br />12 advance of public meetings should not be posted. <br />13 <br />14 5. Will the Policy apply to Council Members' personal e-mail accounts? <br />15 <br />16 The draft Policy applies to all electronic communications containing government <br />17 data under the Minnesota Government Data Practices Act, regardless of which e- <br />18 mail address of account is used. The Policy would not apply to any e-mails not <br />19 containing government data. <br />20 <br />21 6. What electronic communications must be available in the back of the room during <br />22 Council meetings? <br />23 <br />24 The Minnesota Open Meeting Law requires that any materials relating to the <br />25 agenda items of the meeting prepared or distributed by or at the direction of the <br />26 governing body or its employees and: (1) distributed at the meeting to all members <br />27 of the governing body; (2) distributed before the meeting to all members; or (3) <br />28 available in the meeting room to all members; shall be available in the meeting <br />29 room for inspection by the public while the governing body considers their subject <br />30 matter. Minn. Stat. �13D.01, subd. 6. Section III of the draft Policy addresses the <br />31 situation in which electronic communications could be "materials" under the Open <br />32 Meeting Law, and thus, required to be available to the public during meetings. <br />33 <br />34 7. <br />35 <br />36 <br />37 <br />38 <br />39 <br />Should electronic communications with members of the public contain a <br />disclaimer? <br />Section V of the draft Policy addresses the use of a disclaimer when Council <br />Members are communicating with the public regarding matters pending before the <br />Council for official action. <br />40 <br />41 <br />42 RRM:128202 <br />43 <br />2 <br />