Monday, July 15, 2019

Council to reconsider e-mail destruction policy

VOSD:
Encinitas has one of the shortest records retention policies in San Diego County. It deletes emails deemed unimportant to the public at 30 days. But that could soon change.

Next month, the City Council will consider a new policy requiring staff to hang onto emails for the same length of time that it hangs onto other types of records: two years. Mayor Catherine Blakespear, who has already signaled her support for that effort, said it’s important “we do show people what we’re doing.”

Many municipalities argue that emails are a special kind of communication, but the courts, the Legislature and public are increasingly pushing back on the notion that emails aren’t subject to the same California Public Records act rules as other government documents.

A deposition filed recently in an Encinitas public records-related case gives a good sense why. It is a window into the subjective and arbitrary way that individual officials decide what is and isn’t a public record on a timetable convenient for no one but themselves.

41 comments:

  1. Two years? That is still a joke. What are these people running from? I supply metals for medical devices and most of my OEM customers require 50 year record retention. That is material certification, invoicing, packing notes, everything. If it is City business, retain it! 10 years would be reasonable...

    ReplyDelete
  2. Beware of the Orange Dude!

    ReplyDelete
  3. Agree. Put all e-mails of city issues on a web site where anyone can read them at their convenience. Why is city business a secret?

    ReplyDelete
    Replies
    1. Because they have things to hide. The lengths to which our city workers go to keep records from residents is just about criminal. Thus, the lawsuit.

      Delete
    2. Sweet heart deals that stink.

      Delete
  4. As a retention policy 2 years is more than adequate. Most corporate retention policies are 6 months to a year for individual user accounts and 1 to 2 years of backups for the entire email server. So this effort should be applauded.

    That said, for some here it really doesn't matter does it? If y'all are so convinced the city is hiding things they'll just quit using email and find another way of keeping their nefarious activities from prying eyes, eh?

    ReplyDelete
    Replies
    1. Clearly 8:56 has not been on the residents' side of dealing with the city. Worst departments: planning and engineering. Regularly caught hiding things, regularly outed at council meetings, and every time receive praise and pay increases.

      "This effort" 8:56 refers to is no effort at all. Catherine "it's the law" Blakespear suddenly remembered there's a law and is finally taking action only because the city is being sued.

      But wait for it...watch her crow about her proactive protective measures in her next newsletter. Scratch that, she'll be crowing about it for months.

      Delete
    2. 10:51 - the redress you seek is not within the email retention policy. Who cares who how or why the policy is being implemented - care more that one IS being implemented and can be used by "concerned residents" in their efforts of transparency.

      Delete
    3. Sorry, no one's going to be grateful and overlook years of the city actively working against residents.

      Any "implementation" will still require citizen vigilance.
      City worker spots won't be changing anytime soon no matter how hysterically happily the mayor announces her "implementation."

      Delete
    4. 12:16 - it's an email retention policy - not an act of contrition. No one needs to be grateful, and of course spots won't change and vigilance will always be required.

      Delete
    5. You stated we should "care more" that blakespear is momentarily coming out of her cherry-pick "the law" stupor. she's doing it because she has to, so sorry - no one does care. you watch her spin it as an act of contrition as something she's finally righting on behalf of residents in a "You'll be happy to hear" shout from the rooftop.

      If spots aren't changing there's really nothing to care about other than maybe enjoying some squirming up there on the dais - that is, if any have the decency to do so. Not holding my breath.

      Delete
    6. Sigh, sigh 2:52 - let's try this again. Yes, you should "care more". An email retention policy that is adhered to is a good thing. It's good governance regardless of who the council members and staff are. There may be a day, and maybe in your lifetime, where there will be a council to your liking - one made up of "concerned residents" - don't you want them to be able to rely on an email retention policy? Think about the institution rather than the individuals - I know - it's kinda hard these days - but try......

      Delete
    7. I don't know who you think you are, 8:42, but this is Encinitasundercover, and arguments that lack shrill hyperbole don't sit well here. Your level-headed, neutral-toned posts imbued with a glass half full attitude are offensive. Get with the program or leave!

      Delete
  5. The smart ones do that already.

    ReplyDelete
  6. 2 years is fair.

    Unfortunately, keeping all emails forever is a legal risk. The rules established by case law say that an entity has to produce everything if sued, even stuff you aren’t required legally to keep. Any entity with a couple hundred people emailing all day is bound to have some chucklehead somewhere saying something that they shouldn’t say, whether it’s acted upon or not. Most of you reading this have probably written emails and text messages that could be misinterpreted or used against you in a legal proceeding. The smart thing to do is only keep what you are required to keep.

    Records are different. Emails that are correctly classified as business records will have a different retention policy, retention period, and different standards for non-rewritable archive.

    Records have a formal and clear legal definition, and the process of classifying records must be documented and adhered to strictly. Records can be emails, paper documents, hand written notes, recordings, photos, etc.

    The policy being discussed here is for emails that do not fall under the definition of formal records.

    ReplyDelete
    Replies
    1. So you say, 10:55. Marco?

      Delete
    2. So says anyone who's had to deal with this issue......

      Delete
    3. Not Marco. Not a lawyer.

      But any employee of a Fortune 500 company has to take annual training on records retention. It’s part of a “cover your ass” strategy for the company. If something gets deleted that should have been saved, the first question opposing council will ask is: “when was the last time you trained employees on retention policy?” The business always wants to be able to answer “we train every single employee every 12 months.”

      Work in a large company a few years and you’ll have the training memorized.

      Delete
    4. Marco ...... haaaaaahaaaaaa ...... split my side laughing. Now everyone hide and be quiet, here comes Catherine. She heard someone whisper Marco and now she's slinking around trying to look cute. The lady is like a shark sniffing out a drop of blood 5 miles away. Marco, sweetie? Are you here?

      Delete
  7. Aside from emails, the city has woefully lousy record keeping when it comes to matters handled by the planning commission. So much is outsourced to third party providers - what is the city protocol regarding which planning-related documents are retained and made publically available?

    ReplyDelete
    Replies
    1. First you declare it lousy, then you ask about the classification and retention policy?

      The sequence of questions should be:

      What does the law require in terms of record retention?
      What is the classification and retention policy at the city?
      Does the policy meet the legal requirements?
      Is the policy being followed?

      Only after answering these questions can you form a valid opinion about the city’s records keeping.

      Delete
    2. No one is debating the city's consciously appalling record keeping. Just read Todd Mierau's deposition where his cavalier attitude, common at city hall, comes through loud and clear. The planning department (not commission) makes it a habit to withhold information and "misplace" files.

      Just how hard did Todd get his hand slapped for being honest? He had two choices: perjure himself to cover Brenda's butt or tell the truth. He went with the truth, surely a career-limiting move at Encinitas city hall.

      Delete
  8. 2:33 - i appreciate your approach.
    However, it takes only one trip to the "engineering" counter to realize that the city is unable to provide an organized and thorough summary of work done last week. At that point, it is clear, that the city functions at a very low level. It is thereafter that one then questions, what the hell are these poeple doing and what is the protocol regarding record keeping.

    ReplyDelete
    Replies
    1. What is the protocol for firing these overpaid creeps?

      Delete
    2. “unable to provide an organized and thorough summary of work done last week”

      What part of the law requires this?

      The work product for individual projects is one thing. The creation of a summary across projects for a specific time period is an entirely different derivative work product. Unless they are legally required to maintain cross-project summaries, then tough shit. You are welcome to pull all the records and create one yourself, but they aren’t required to create one for you.

      Delete
    3. Nice 'tude, city worker/dad! You've been on here before always with the same garbage. You do Brenda proud. Keep that government job, you'd be out your first day at a real one.

      Delete
    4. So you think that if you ask for a document that they don’t create in the normal course of business, that they should stop doing their actual job and create it for you?

      That’s interesting. I’d like to hear more about this theory.

      Delete
    5. Want to explain your customer service approach, Dad? That's ok, we've heard enough of your SOP.

      Say, aren't you the one with the braniac kid who skateboarded off the top of the parking lot, then lost said board and bounced down the cement slope stabilizer? Did you end up suing?

      Delete
    6. My customer service approach in this situation is:

      I don’t want city employees working on my tax dollars to do your homework for you. If they did, then they wouldn’t get their real work done, and we’d end up with higher taxes to hire more people to get the real work done.

      I think good customer service in this context is greeting you with a smile, helping you transact your business, and providing relevant information if they have it. If you ask for something that they don’t have, good customer service is politely saying no, and suggesting how you may be able to do it yourself.

      Delete
    7. I doubt that's truly your definition. "Staff" has had files sitting in a back room they claimed they didn't have, then magically found after a supervisor was called in. And your "tough shit" comment gave you away as one of those bad apples, so too late to backpedal.

      your kid recover fully?

      Delete
    8. Tough Shit. ©️2019, Encinitas Dad, all rights reserved.

      So your evidence of wrongdoing is a file that someone wasn’t able to find quickly enough, but then it was found? Wow. A Perry Mason moment.

      My kids don’t skateboard. I literally have no idea what you are talking about.

      Delete
    9. Nooo, claimed it didn't exist at all, period. Not lost, supposedly didn't exist - until the resident escalated. It was "found" easily when the department head got involved.

      Delete
    10. Hanlon's razor

      Delete
  9. I have always thought that the Stocks city council was the worst. My opinion has changed, as Catherine seizes more power. A person never knows what you will do next. Marco is her bff and it will be interesting to see now that Glen will be leaving, what part he will play. Pretty obvious he doesn't want to full time attorney, which would be cheaper. Check out Encinitas Votes for Marco's explanation of everything. And I mean everything.

    ReplyDelete
    Replies
    1. Not that it's always the truth! After all, payment comes with the obligation to obfuscate, lie by omission, and outright misrepresent.

      Delete
  10. Here is a big part of the problem 6:54- the city is so dysfunctional that talent cannot be held or recruited. So when you ask for a grading plan or lot survey- chances are that the work was done by a third party hired by the city. And oh ya- the city cannot share those documents with you - the taxpayer pays for these things but they are not freely available to you. This city is truly remarkable for its Boss Hog way of working- taxpayers are not "stakeholders".

    ReplyDelete
  11. The City leadership is a complete failure and the laughing stock of So CA with Blakespear supporting the known failure of Brust at the top position.

    Its funny if you do not live in Encinitas.

    Both must go.

    ReplyDelete
  12. 2:46, We want to read Todd Mierau's deposition. Can you provide a link or tell us where we can learn how Planning and Engineering hide records from citizens?

    I have heard staff, developers and council members whine about the expense and inconvenience of "fishing trips." I guess their idea is that property owners whose land is being stolen by developers through road abandonments and other means should not be able to find out until it is too late. It is only through stealing others' property that they can make their projects "pencil out,"

    ReplyDelete
    Replies
    1. Scroll to the top of this thread and click on the VOSD link. Highlights of Todd's testimony are quoted. Odd that you apparently blew past that initial post.

      You can learn about staff's shenanigans by watching archived council meetings where controversial projects were reviewed. You can search on EU using various search terms.

      Not that hard if you really want to know. Am kinda thinking you already do.

      Delete