E-mail panel proposes longer storage, better training

RALEIGH, N.C. — A panel reviewing state government e-mail storage policies recommended Thursday that messages be stored for at least five years and state employees be better trained about how to comply with the public records law.

But the committee, created by Gov. Mike Easley following allegations his press office ordered the systematic deletion of government e-mails, didn't propose changing a policy that gives workers discretion on whether an e-mail constitutes a public record and therefore must be saved.

Several media outlets sued Easley last month in part over that 2002 policy, arguing it violates the public records law. An attorney helping the committee defended the policy as following the law, and the Easley administration has said no such e-mail purges occurred.

The panel's recommendations, which also include performing random record audits of state agencies, will make workers more inclined to follow the law, said Franklin Freeman, the committee chairman.

"We trust state employees to spend millions of dollars" and carry out programs, said Freeman, who is also Easley's top lobbyist. "We've got to trust them — but we have for generations — for them to comply with the public records law."

E-mails sent and received by state employees are public records if they contain information related to carrying out public business. State law orders the Department of Cultural Resources to set guidelines on when e-mails must be kept and for how long.

The media organizations argued the guidelines are unlawful because they let an employee delete a public record when the worker determines the message has short-term or no value to the sender or receiver.

Panelists, who included state officials, attorneys and former journalists, endorsed expanding the length of time in which e-mails from Executive Branch agencies backed up daily on computer servers are stored from the current 30 days to a minimum of five years.

Information technology workers can search the tapes if a citizen or media outlet makes a records request and certain messages can't be found on a worker's computer.

Members of the E-mail Records Review Panel rejected a proposal to expand the backup to at least 10 years. Some said it was too costly and would store too many things that were of little importance and discourage workers from using e-mail.

"It will make the situation in terms of transparency much worse," said Ned Cline, a former managing editor of the News & Record of Greensboro and panel member. "Ten years is unreasonable, impracticable."

Storing five years of e-mail will cost about $375,000, plus any expenses related to searching the tapes. Going above five years could cost at least twice the amount.

The panel also endorsed the development of a searchable archive system in which employees store e-mail messages about state business that are of lasting or permanent value.

The recommendations are commendable and will help employees comply with the law, said Beth Grace, executive director of the North Carolina Press Association. But she said they still don't prevent an employee with questionable intentions from trashing e-mails that are never stored by clearing their "delete" file daily, she said.

Many changes don't appear to require changes to state law and can be carried out by the Easley administration, although the Legislature could be asked for additional dollars.

Cline told fellow members the panel, which first met in late March, has raised awareness about preserving public records.

"If there had been abuses, there are far fewer of them in the last 30 days than before," Cline said.

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