[Vision2020] Content of Deleted E-mail Revealed

[Glenn Schwaller]

"Hey Bert.  I'm gonna send you this email then delete it so I can
start a major hissyfit with the usual group up here.

Walt"



On Wed, Jul 1, 2009 at 8:15 AM, Tom Hansen<thansen at moscow.com> wrote:
> Courtesy of today's (July 1, 2009) Moscow-Pullman Daily News.
>
> --------------------------------------------------
>
> Deleted e-mails cause public records issue
> Daily News plans to petition court to recover electronic correspondence
> between Steed, legislator
> By Mark Williams, Daily News staff writer
>
> Idaho law does not restrict government officials from deleting e-mails
> they received concerning public business, even though those e-mails can be
> considered public record.
>
> The issue came to light when the Daily News made a public records request
> to state Rep. John "Bert" Stevenson, R-Rupert, concerning e-mail
> correspondence between himself and Moscow City Councilman Walter Steed.
>
> The request sought e-mails regarding two proposed bills that would affect
> Moscow's ability to sell water across the state line to the Hawkins
> Companies' planned retail development in Whitman County.
>
> Both bills, sponsored by Rep. Gary Schroeder, R-Moscow, died in the House
> Resources and Conservation Committee after passing overwhelmingly in the
> Senate, and never reached the House floor.
>
> Stevenson serves as chairman of the House Resources and Conservation
> Committee. His written reply to the public records request stated he had
> deleted the messages sent by Steed.
>
> He later said he had not read the majority of Steed's e-mails.
>
> Stevenson's written response was reviewed by the state attorney general's
> office, which indicated the Daily News would need to petition a court to
> recover them. Idaho law states a petition must be filed in the district
> court of the county where the records or some part of them are located.
>
> Though deleted e-mails can be recovered, the process is time-consuming and
> potentially costly, meaning hordes of potential public records in
> electronic form may be disappearing before the public can access them.
>
> Daily News Editor and Publisher Nathan Alford said the company plans to
> take the necessary steps to recover the records.
>
> "Defending the public's right to know is part of our mission and
> responsibility, and we're willing to do what it takes to protect a
> well-established right," he said. "Transparency in government is
> essential."
>
> E-mails and other records must be retained after a public records request
> has been made, but Idaho Deputy Attorney General Bill von Tagen said no
> mechanism exists to compel government officials, including legislators, to
> keep their e-mails before a request is made.
>
> "We don't really have a records retention policy," he said. "There may be
> other reasons that require them to be saved, but when you're in a purely
> political realm I don't believe that is the case."
>
> Senate Minority Leader Kate Kelly, D-Boise, sees the loophole as a
> problem, but said there has been no pressure from the public or within the
> Legislature to remedy the law.
>
> "The Legislature certainly doesn't have (a retention policy) for hard copy
> or e-mail," she said.
>
> Kelly is well-versed in public records issues. She and Senate Majority
> Leader Bart Davis, R-Idaho Falls, co-sponsored a bill last session that
> would have required elected officials and candidates to disclose their
> personal finances, but the proposal was killed before it reached
> committee.
>
> Kelly previously worked in the attorney general's office and advised
> agencies on open records laws.
>
> She said she is not surprised that Idaho hasn't addressed the law.
>
> "I like to describe Idaho as an analog bubble in the middle of a digital
> world," she said. "In terms of what we're doing from a statutory
> standpoint, my guess is that we're probably behind" other states.
>
> House Majority Leader Mike Moyle, R-Star, said he doesn't think the
> situation is a problem.
>
> He said if legislators or interest groups were to discuss something
> potentially damaging, they wouldn't do it via e-mail, where they know it
> can eventually be retrieved.
>
> "Common sense says you wouldn't think somebody would send something along
> those lines knowing that it would be a public record," he said.
> "Everything we do is out there to be found. I mean, you can say it's gone,
> but it's not really gone."
>
> Moyle said most legislators delete their e-mails just like everyone else.
>
> "Most guys delete them right away," he said. "We caution our legislators
> to be careful with what they do or say. We do our best to keep things
> above board. We want to keep things in the light."
>
> Mark Williams can be reached at (208) 882-5561, ext. 301, or by e-mail at:
>
> mwilliams at dnews.com
>
> --------------------------------------------------
>
> Stay tuned, Moscow.
>
> Tom Hansen
> Moscow, Idaho
>
> "The Pessimist complains about the wind, the Optimist expects it to change
> and the Realist adjusts his sails."
>
> - Unknown
>
>
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