CC RESOLUTION 5091 RESOLUTION NO. 5091
A RESOLUTION ADOPTING AN ELECTED OFFICIALS, COMMITTEES,
COMMISSIONS AND BOARDS ELECTRONIC COMMUNICATIONS
POLICY.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: Recitals:
A. Existing and emerging electronic communications technologies have
become an integral part of the ability of City officials and staff members to
efficiently and effectively conduct City business; such technology has the
potential to enhance communications with the public and provide a higher
level of service to City residents;
B. On March 2, 2017, the California Supreme Court decided the case City of
San Jose v. Superior Court, (2017) 2 Cal.5th 608, in which the court held
that a city official's electronic communications related to the conduct of
public business are public records under the California Public Records Act,
even if such communications are sent or received using a personal account
or personal device;
C. The City of EI Segundo regularly receives requests for City officials'
electronic communications by the public through Public Records Act
requests, subpoenas and discovery in civil litigation; in addition, the City
also needs to access officials' electronic communications from time to time
for purposes of reviewing personnel matters and potential litigation matters;
D. Currently, the City's appointed officials use private or non-City email
addresses to receive electronic communications from City staff relating to
City business;
E, This policy, if adopted by the City Council, would establish the City's
issuance of City email accounts to all City officials, including appointed
officials; the City officials must then use such City email accounts for City
business and refrain from using their private or non-City email accounts for
City business;
F. This policy, if adopted, also requires the retention of emails relating to City
business and other types of electronic communications relating to City
business, including social media postings and messages, for at least two
years;
G. On February 26, 2018, staff presented the concept of this policy to the City's
Technology Committee; the Committee provided input to staff and
recommended the policy be considered by the City Council.
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SECTION 2: Adoption. The City Council hereby adopts the "Elected Officials,
Committees, Commissions and Boards Electronic Communications Policy," attached as
Exhibit A and incorporated by this reference.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED RESOLUTION No. 5091 this 17th day of July,
2018.
Drew Boyle , ayor
ATTEST:
Tracy eaver ity Clerk
APPROVED AS TO FORM:
MarkVH!—Iey,4 Attorney
Page 2 of 2
EXHIBIT A
CITY OF EL SEGUNDO
ELECTED OFFICIALS, COMMITTEES, COMMISSIONS AND
BOARDS ELECTRONIC COMMUNICATIONS POLICY
(adopted by City Council on July 17, 2018)
Background and Purpose
The following policy relates to the conduct of City of EI Segundo business by City officials
via electronic communications. Specifically, this policy is adopted in light of City of San Jose v.
Superior Court(2017) 2 Cal.Sth 608, a California case which held that a city official's
communications related to the conduct of public business are public records under the
California Public Records Act, even if such communications are sent or received using a
personal account or personal device.
City emails and other electronic communications are also requested by the public
through Public Records Act requests, subpoenas, discovery in civil litigation. The City also needs
to access these records from time to time for purposes of reviewing personnel matters and
potential litigation matters ("City purposes").
Existing and emerging electronic communications technologies have become an integral
part of the ability of City officials and staff members to efficiently and effectively conduct City
business. Such technology has the potential to enhance communications with the public and
provide a higher level of service to City residents. With such technology in the work
environment, however, the City must ensure it continues to meet its legal obligations with
respect to transparency in the conduct of the people's business, including in the area of public
records disclosure and retention requirements.
Definitions
For purposes of this policy, the following definitions apply:
A. "City official" means any elected official, or any appointed member of a City
Commission, Committee, Board, Subcommittee, Task Force, or other City body
created by one of these types of City bodies.
B. "City business" means information relating to the conduct of the public's business
or communications concerning matters within the subject matter of the City's
jurisdiction and the City official, as applicable, including, but not limited to, pending
or potential City projects or activities, and past or future City Council, Commission,
Committee or Board agenda items.
C. "City email account" means an electronic mail account that is owned, created and
issued to the City official by the City.
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D. "Electronic communications" means any and all electronic transmission, including
without limitation e-mails, texts, voicemails, social media communications on or
within commercial applications (apps) such as Facebook Messenger and Twitter, or
social media postings on websites such as Facebook.
Policv/Protocols
1. All City officials will be assigned a City email account.
2. Once a City official has been assigned a City email account, all emails relating to City
business must be sent or received on a City email account, and no emails relating to
City business may be sent or received on a personal, non-City email account. City
officials must not use personal email accounts for the creation, transmission or
storage of emails regarding City business. City officials must not have emails sent to
the City email account automatically forwarded to another email account.
3. The City email account, along with the attendant access to the City's account server,
are solely for the City and City official's use to conduct City business and must not be
used for personal business or political activities.
4. If a City official sends an email from or receives an email regarding City business on
the official's personal, non-City electronic messaging account, or circumstances
require such person to conduct City business on a non-City account, the City official
must either: (a) copy ("cc") any communication from a City official's personal email
account to the City official's City email account; or (b) forward the email to the City
official's City email account.
5. City officials must ask persons sending emails regarding City business to a personal
account to instead utilize the City official's City email account, and likewise must ask
a person sending an email regarding non-City business to use the City official's
personal or non-City email account. This requirement may be satisfied by having an
auto-reply message set up on a personal email account or including this request in a
standard tag line that is automatically attached to the beginning or end of a personal
email account of a City Official. It is also recommended that the message inform the
reader that the communications may be subject to public disclosure.
6. City officials understand they have no expectation of privacy in the content of any
electronic communication relating to City business or an email sent or received using
a City email account. All electronic communications relating to City business and
City email accounts are subject to City review and public disclosure. City officials
understand and acknowledge that electronic communications regarding City
business may be subject to disclosure via the Public Records Act a subpoena, or for
the other City purposes identified in the Background and Purpose section above,
even if created, sent, received, or stored on a personal, non-City account or personal
device.
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7. In the event a Public Records Act request or subpoena is received by the City seeking
electronic communications of City officials related to City business or using a City
email account, or the records are needed for City purposes, the City Clerk's office
and/or City Attorney's office will work with the Information Systems Department
personnel to conduct a search of the City official's City email account.
8. If a City official has conducted any City business on a personal electronics
communications account which is the subject of a Public Records Act request,
subpoena, or is needed for City purposes, it will be the duty of each City official
receiving such a request from the City Clerk or City Attorney to promptly conduct a
good faith and diligent search of the official's personal electronic messaging
accounts and devices for responsive electronic communications. The City official
must then promptly, and in no event beyond ten days of the request from the City
Clerk or City Attorney, provide any responsive electronic communications either as a
print out or electronic copy (for example, as a "screen shot") to the City Clerk or City
Attorney, providing sufficient time to enable the City Clerk to adequately review and
provide the disclosable electronic communications or to otherwise review the
electronic communications for City purposes.
9. City officials acknowledge and understand that electronic communications regarding
City business are subject to the City's records retention policy, even if those
electronic communications are or were created, sent, received or stored on a City
official's personal account or device. City officials agree to keep all electronic
communications relating to City business that are sent from or received by a
personal electronics communications account for two years. In some instances, such
as litigation involving the City, a City official may be notified by the City Attorney that
the communications are required to be maintained for a longer period of time and
the City official is obligated to maintain the communications until such time as the
City determines the communications may be deleted. It is the City official's duty to
ensure that personal electronic communications that may be relatively more difficult
to maintain (for example, social media postings on another person's social media
account) are maintained. City officials agree that they will take no action to attempt
to delete emails sent from or received by the City email account. it is a felony
offense to destroy, alter or falsify a public record.
10. Failure of-a City official to abide by this policy, following its adoption, may result in
criminal or civil penalties and/or removal from office if the City official is an
appointed member of a Committee, Commission, Board or similar body.
11. All City officials are required to acknowledge receipt of this policy and their
acceptance of its terms.
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5091 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 17th day of July, 2018, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 1165 day of August,
2018.
1044
T cy Weaver, City Clerk
of the City of EI Segundo,
California