PHIL PERRY
ADAM LAWSON
Staff Writers
An analysis of public records has shown that there are vast differences between the way city and county officials utilize their public email addresses.
The records request made by the Lincoln Times-News, an attempt at quantifying the level of public email use government officials engage in, yielded nearly nothing from City of Lincolnton offices and a cardboard box full of hundreds of documents from Lincoln County commissioners.
Some city officials have adopted the practice of using personal email accounts to conduct official business. While state law does not prohibit the practice, records request laws do apply to those accounts and it is the responsibility of the owner of the email address to determine what is public and what is of a private nature in the event that a request is made.
Chapter 132 (132-1) of the North Carolina public records law applies to records made or received in connection with the transaction of public business by a public agency.
According to state law, “public record” or “public records” “shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government.”
Lincolnton Ward 1 Councilman Devin Rhyne said that the city set up the process of forwarding his emails to his personal address when he took office about six years ago.
“I was asked how I wanted my email set up,” Rhyne said. “I have all of my emails forwarded from the city account to my personal Gmail account. I have never been directed to handle emails in any specific way.”
The email request by the Lincoln Times-News for records from May through October 2015 showed very little activity within city government email outside of inter-office/-department communications, based on what was provided by the city.
Per North Carolina public records laws, A person who has physical custody of a public record has two obligations in relation to the public records law — they are required to retain records according to records retention schedules and to provide access to the record in the event of a public records request.
According to a blog posted in March by the University of North Carolina professor of Law and Government Frayda S. Bluestein, there are no laws that require surrendering a device or granting full access to a personal email account per inspection by a unit of government.
Lincolnton City Manager Jeff Emory said that city government officials are left to make their own decisions on how to conduct their email for city business.
“We leave it up to them,” he said. “Some council members don’t want to use their private account. Some use both and it varies on that. They are definitely briefed on how their new account is going to work. We try to remind anyone that anything pertaining in any way to city business is public record. They are told that as part of the orientation process.”
Newly elected Ward 4 Councilman Roby Jetton confirmed that he had not yet been issued an email address by the city and that he would be participating in an orientation.
For Lincoln County, Amy Atkins, the board’s clerk, said that the matter is the responsibility of commissioners.
“We try to tell them to use their county email address,” she said. “Whether they do or not is another issue.”
Commissioner Alex Patton, who wraps up his third consecutive term next December, said using a private email address is best for archival purposes, especially considering the long work hours he accrues as the manager of a Cornelius Harris Teeter grocery store.
“I have every email that comes to my county address sent to my personal email as well,” Patton said via email. “That way I can archive it easier. I have every email I have sent for 11 years stored on flash drives and an external hard drive. I have all the ones I have received with the exception of incidentals such as an email reminding me of a meeting. I have always been very open and usually the first to respond to any email request. I work 55 to 70 hours a week. When I get home I check my email and respond as needed. Yes, sometimes it is from my account. I do believe in accountability and certainly I have nothing to hide. It is just much easier if they all are in one place. I can file them in the category they go in and when it is full I put it on the external. I have responded to many requests over the years and have never had anyone question this or my openness in providing them.”
Commissioner Cecilia Martin believes that transparency is important.
“I know I expected it when I ran,” she said. “Every politician in the world talks about it. We are spending the taxpayers’ money. We are spending the public’s money. I use (my email) to respond to questions that I get from anybody who’s asking them and as far as I know they fall within the guidelines. I don’t get a lot of private inquiries from private citizens. We get a lot of emails from webinar, people wanting us to watch webinars. That’s basically how we use our email. I get most of our inquiries from citizens on the street or they call me on the phone.”
Martin said that her conversations regarding the county are public record.
“I know emails are a matter of public record,”she said. “I don’t have any secret conversations with anybody regarding the county. I think we may have had a little bit of it in training. I just remember, from years working in crime control. I just think I know how to talk to somebody.”
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