Council rejects proposed update requiring routine forwarding of city business from personal devices

Staff presented Resolution R26-003 to clarify how the Arizona public-records law applies to personal devices and to direct employees and officials to forward city-business communications to the clerk for retention. The proposed changes clarified that records related to city business are public records regardless of device and assigned responsibility for forwarding, retaining and producing responsive records.

Supporters said the update would help the clerk fulfill public records obligations and avoid delays on records requests. Opponents—including several council members and legal counsel—warned the policy as written was vague and potentially intrusive, could place an unworkable burden on staff to know what must be retained, and raised practical concerns for police officers and other employees who use personal phones for occasional city business.

Bill (transcript: Bill Sims) and other legal commenters noted that existing state statute already requires production of responsive public records and advised caution in broad administrative requirements. Debate included whether monthly submissions to the clerk would be sufficient and how voice-only calls versus text messages should be handled.

When put to a vote, the motion to adopt R26-003 failed by a recorded count: 4 in opposition, 2 in favor. Council asked staff to continue to follow state public‑records law and to consider narrower, clearer administrative guidance if needed.

Vote outcome and next steps: Resolution R26-003 did not pass; staff will continue to rely on Arizona public-records statutes and may refine administrative processes for preservation and production of records based on council guidance.