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City attorney urges officials to use city email, explains Public Records Act obligations
Summary
Legal staff reviewed the Public Records Act and the city’s procedures for searching and producing records, including how texts, personal emails and social-media messages may be public if they relate to city business.
City Attorney Sam told the council and planning commissioners that Capitola has seen a marked increase in Public Records Act (PRA) requests and that officials must treat communications about the people’s business as potentially public records.
Sam explained the statutory test: a public record is ‘‘any record containing information relating to the conduct of the people’s business’’ and applies regardless of format or which device or account holds the material. He said that emails or messages on personal accounts or phones are subject to PRA searches ‘‘if it involves city business.’’
Why it matters: A broad PRA search can require staff to collect emails, texts and social-media posts from council and commission members; incomplete disclosures can lead to hurried litigation or writs forcing the city to produce records. Sam said the city often asks officials to sign a declaration verifying they conducted a diligent search for requested material.
Practical guidance from the session included the city’s recommendation that elected and appointed officials use a city-issued email account for city business to simplify searches, and that officials avoid using multiple personal platforms for official communications. Staff outlined which document types are commonly withheld (preliminary drafts, attorney-client privileged materials, personnel records and documents relating to pending litigation), and said withholding requires a recognized exception or privilege.
Sam and staff walked through the PRA response process: staff and IT develop search terms, pull records from city accounts and departments, then ask members to search personal accounts and provide responsive materials. The city then reviews materials for privilege or non-responsiveness before producing records.
Ending: Sam said that, due to the PRA’s remedy (a writ), the city takes requests seriously and asks members to cooperate in a thorough but careful search process.
