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Watch What You E-Mail

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By MICHAEL D. BATES

The Tampa Tribune

Published: February 18, 2009

Hernando Today

BROOKSVILLE - In this day of constantly changing technology, government officials must be even more vigilant about properly communicating county business - even when it comes to their home computers.
Assistant County Attorney Kent Weissinger has cautioned two different governing boards - the county commission and planning and zoning board - to forward any e-mails related to official business and received on their personal computers to administrative staff or the proper department so there is a public record copy.

County commissioners and P&Z members are routinely asked before quasi-judicial hearings whether they took part in "ex parte" communication - correspondence via telephone, written letter, conversations, e-mails or other manner involving the pending discussion item.

That also pertains to home or personal computers.

E-mails that relate to official business and sent or received on elected officials' personal computers are no different than those found on their county-issued computers - it's all public record, Weissinger said.

Weissinger referenced a situation ongoing in Venice, Fla., where forensic investigators confiscated the personal home computers of city officials and are trying to recover deleted e-mails and "anything else they may find on their hard drives."

Some city officials "made it a habit" of receiving private e-mails related to their official business on their personal computers," Weissinger said.

"Unfortunately, (they) made a habit of deleting those e-mails instead of forwarding them to staff who would then keep a public record copy," Weissinger said.

A Venice resident filed suit against the officials, claiming it violated Florida's Government-in-the-Sunshine Law and a circuit court judge ordered the confiscation of the e-mails.

The matter mushroomed and the Florida Department of Law Enforcement is now investigating whether there was anything criminal in the actions of these city officials.

The Venice case is scheduled for trial next week.

County Commission Chairman David Russell said he "rarely, if ever" receives county-related correspondence on his personal computer.

If he does, he said he "immediately forwards it to my county computer," Russell said.

"That just makes sense," he said.

Commissioner Jim Adkins said two or three people asked him since he was elected in January if they could e-mail him information about a particular item to his home.

No way, Adkins said he told them.

Adkins said he will accept no business-related e-mails at home nor will he schedule any government or committee meetings from his personal computer.

That has to be arranged through county staff, he said.

"My home is not the place for it," he said.

Adkins said he refuses to open himself up to potential Sunshine Law violations.

For example, when one of the representatives of an upscale RV park called him to arrange a meeting, Adkins said he told him he couldn't allow it because the item was already on the land use hearing agenda for last week.

County Commissioner John Druzbick said the technology may change but the same rules apply to Sunshine Law and public records - whether it's in written or electronic form.

"It's fairly simple, he said.

To avoid problems, Druzbick said he only publishes his county e-mail address on his business cards.

Until Weissinger brought it up at last week's land use hearing, Commissioner Jeff Stabins said he "hadn't really thought of my home computer as public because it wasn't purchased with public money."

However, it makes perfect sense, he said, that no county commissioner would e-mail each other back and forth.

"You just know instinctively that that's illegal," Stabins said.

On those rare occasions he receives public business-related correspondence on his personal computer, Stabins said he e-mails it to his county-issued laptop.

County Attorney Garth Coller said he would advise officials to follow a simple rule of thumb when officials receive e-mail they think may pertain to official business: "When in doubt, err on the side of openness."

"The intent of the Sunshine Law is that if it has something to do with the public's business, that the public has access to it," Coller said.

And the question of openness doesn't just apply on the local level.

Just ask President Barack Obama, who was cautioned about corresponding via the BlackBerry that he was so attached to, even though it would be subject to strict scrutiny as to received and sent e-mails.

He decided to keep his BlackBerry.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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