What are Electronic Communications?

As in virtually all aspects of life in the electronic age, the use of electronic devices has dramatically facilitated governmental communication and has just as dramatically complicated the lawful management of that communication. The means of communicating electronically will no doubt continue to evolve, as will the need for prudent use of these devices when official duties are involved. The following principles deserve careful consideration by all municipal officials:

1. Electronic mail (E-mail) received by the council concerning a public hearing must be retained as either an electronic or paper copy to the same extent as other comments are retained 2-3-301, MCA.

2. E-mail among the members of the council involving 'substantive deliberation of agenda items" that prevents public observation violates Montana's open meetings and participation laws. Moreover, public perception of an intent to circumvent open meeting requirements when council members are e-mailing each other during the course of a council meeting damages public confidence that their municipal government is dealing with the public in an open and fair manner.

3. E-mail by a mayor or council member to other city or town officials sent or received in connection with the transaction of official duties is a public record. These communications must be retained and disposed of pursuant to the municipality's approved records disposition schedule.