Animal Print Clogs

It's wrong to ax city emails

WHAT is a record?

Bakersfield City Attorney Ginny Gennaro emails city believes are "transitory records" and not subject to retention requirements as other public documents.

I disagree, to put it lightly.

"They are written, yes," she said in e-mails. "But if they are not stored in the ordinary course of business, they are not records."

The term "ordinary course of business" can be found in the language of AB 5, which became law in 2009 and gave lawyers pursuing public bodies much firepower for information, particularly electronic information.

While Bakersfield may think that by protecting themselves against lawsuits by automatically deleting the information, the bill also says courts can hit with fines agencies to launch what they know they should keep it.

This is one of the reasons Fresno keep everything, according to its director of information technology.

Anyhoo, Gennaro said that if the city has emails on the hand, it is subject to a public records act request and has no problem returning them.

Hmmm, so it's a question of timing?

If you are fast enough to catch them, they are a public record. If you are not, they never were.

That's awfully convenient considering the city's practice of automatically deleting emails after 30 days.

I hate to bore you all with code sections but I think they're important to know because they show that the body of law on this issue clearly intends for public agencies to lean more toward openness than not.

The granddaddy of them all, the California Public Records Act, Govt. Code sections 6250 -6257, is clear that emails are open to public scrutiny. Not just their attachments, but the email itself.

Embedded in that Act is a definition, 6252(e), that states a public record "includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."

So, if emails contain any writing in regards to the public's business, they ARE public records.

Then we have Govt. Code section 34090, which says cities are not allowed to destroy public records that are "less than two years old."

And the cherry on top is that the California Constitution, Article 1, Section 3, directs public agencies to interpret laws broadly if they further the public's right of access. Meaning, if it's a wobbler, the agency has to come down on the side of being open.

Animal Print Clogs - News


How corporations award themselves legal immunity
How corporations award themselves legal immunity

Disputes over warranties, etc. are common, and don't really need to clog the court. But ffs, the woman is claiming to have been drugged and raped, who in the world could have thought that the arbitration agreement in an employment contract should be



It's wrong to ax city emails

There's no way they would clog that system as it's got room to spare, I was told by the city's Information Technology department. Putting the archived emails into Laserfiche would force employees to prune back on junk they don't need.




Moo (from the archives) - Every Clog Has Its Day

I've only been to Manhattan a handful of times, but I couldn't believe it when I saw two NYC policemen shaking their heads about someone who had just walked by. It was a woman dressed head to toe in a black robe with a hood with her face painted a vivid pink carrying something I couldn't see in her upturned palms. I felt I was entitled to think it odd since I was from out of town, but seeing those two cops' reactions made me think it was unusual indeed!

When the old Tonight Show with Johnny Carson was still being taped in Manhattan before a live studio audience at the NBC Studios in Rockefeller Center, there was a famous clip Johnny showed over and over through the years of a man, totally naked except for galoshes and a woolen sky hat, crossing the street in the dead of winter with other pedestrians in midtown. Absolutely no one noticed him at all, he was just crossing Fifth Avenue like everyone else, except he had no clothes on. Only in New York, honest to God!


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