[Spam] Re: [Vision2020] e-mail as public record (was lurking)

[Michael Curley]

Tom,
I believe that the address to which a communication is sent is 
irrelevant.  If I send a council member an email related to a council 
matter, it is a public record whether I send it to a "private" 
address or the "public" address.  It would usually be the content 
that determines the nature of the document.  Similarly, if I mail to 
a personal address or PO Box or if I hand a communication to a 
council member.  Of course, it would be up to the individual council 
member to be sure such communications become part of the "public 
record."

You can find the provisions for public records at Idaho Code 9-337 et 
seq. and might also be interested in 67-2340 et seq.

But, in brief, a "public record" is "any writing containing 
information relating to the conduct or administration of the public's 
business prepared, owned, used or retained by any state agency, 
independent public body...or local agency regardless of physical form 
or characteristics."

I would be relatively certain that the city attorney will advise (or 
the council will request information regarding) what documents, 
communications, etc. need to be submitted as a public record and what 
remains private.  Any communication received by a council member 
(even orally) about a "quasi-judicial" matter should be submitted for 
consideration by the entire council and made part of the record at 
the public hearing.  thus, we should not be able to contact our 
council members "privately" to persuade them in their deliberation of 
a matter.  

Regards,
Mike Curley



Date sent:      	Wed, 4 Jan 2006 17:15:45 -0800 (PST)
From:           	Tom Ivie <the_ivies3 at yahoo.com>
To:             	vision2020 at moscow.com
Subject:        	[Spam] Re: [Vision2020]  e-mail as public record (was lurking)

My guess is that "official" would be if it were an actual "city" e-
mail address. For example, John Weber's email address 
jweber at ci.moscow.id.uswould be an official address.I could be wrong 
but I am guessing thatin order to fulfill a public records request 
the email address would have to be a governmental one. Otherwise it 
would be on a private server and a subpeona or search warrant would 
be needed to obtain the private record (Patriot Act anyone?) If 
anyone knows for sure,I would like to know if I am right or wrong on 
this. Thanks

DonaldH675 at aol.com wrote: 
    Thank you. I assume then that sending a pu! blic official an email 
    at their official address would have the effect of making the note a 
    part of the public record. Nonetheless, the last thing I plan to 
    spend my time on is tracking down a lurker, I just can't imagine why 
    anyone would bother.
Thanks again

Rose Huskey

"First they ignore you, then they laugh at you, then they fight you, 
then you win." Mahatma Gandhi


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