ITEM:		CONSENT CALENDAR
2.	CONSIDER ADOPTION OF ELECTRONIC COMMUNICATIONS MANAGEMENT POLICY
Meeting Date:			November 18, 2019	Budgeted:	N/A
From:			David J. Stoldt	Program/	N/A
			General Manager	Line Item:	N/A
Prepared By:			Arlene Tavani	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: The Administrative Committee reviewed this item on November 13, 2019 and recommended approval by a 3-0 vote.
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY: Attached as Exhibit 2-A, is Resolution No. 2019-17 and a proposed MPWMD Electronic Communications Management Policy (Policy) that establishes rules for review, retention, and destruction of e-communications such as email, text messages, voice mail, instant messaging and other electronic communications. The Policy applies to staff and Directors. This Policy describes when a communication must be retained, the procedures for retention and destruction, and how communications are handled when a director or staff member departs from the District. It also addresses communications received, stored or sent on personal devices that are related to the conduct of the public’s business.

This Policy is used in conjunction with the MPWMD Records Retention Schedule (RRS) that was adopted by the Board in March 2019 and assigns retention periods to specific document categories. The Policy also refers to the District’s Email Retention Procedures, that are instructions to staff on how to utilize Outlook for email retention. The Policy was developed in consultation with District staff and management, District Counsel and Gladwell Governmental Services, Inc.

RECOMMENDATION: The Board of Directors approve Resolution No. 2019-17 - Adopting the MPWMD Electronic Communications Management Policy.

BACKGROUND: Communications such as email and text messages that pertain to conduct of the public’s business are considered public records under the California Public Records Act, set forth at Government Code 6250 et. seq., unless they are considered transitory with no required retention. Communications received, stored or sent from personal devices such as computers and cell phones, are also considered public records if they pertain to the conduct of the public’s business; as determined in the recent California Supreme Court decision, City of San Jose v. Superior Court (2017) 2 Cal.5^th 608.

Procedures have been established for District staff to retain email and other electronic communications utilizing Outlook and electronic file folders. These systems cannot be transferred to Director’s personal devices; therefore, the Policy directs Board members to analyze District related communications and: (a) transmit those eligible for retention to the Executive Assistant for retention in the District’s files; or (b) retain those eligible for retention on the Director’s personal device, system or account. The Policy also directs Board members on how to review their personal devices and submit communications to be disclosed in response to a Public Records Act Request, legal discovery, or upon departing from the District.

This Policy specifies that Directors and staff will receive training on the Policy within 30 days of joining the District. Upon adoption of Resolution No. 2019-17, staff will schedule training sessions. District staff have received training on the draft Policy and the procedures for retention of email in Outlook.

EXHIBIT

2-A Resolution 2019-17 – Adopting the MPWMD Electronic Communications Management Policy

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