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City Attorney emphasizes that many electronic communications, including deleted posts, can be public records
Summary
Robertson told Ruston officials that the Public Records Act broadly requires disclosure of non-exempt records and that deleted social-media comments and messages on personal devices may still be subject to disclosure and retention rules.
During the training, City Attorney Jennifer S. Robertson summarized the Public Records Act and its broad coverage of ‘writings’ in any form, noting that courts construe disclosure broadly and exemptions narrowly. She said requesters are entitled to non-exempt records and that "even deleted comments are still a public record, and the City must have retained the post," underscoring retention obligations for social-media content.
Robertson reviewed electronic-records best practices: retain electronic records in searchable, authentic formats per applicable retention schedules; do not rely solely on printed copies as substitutes; and forward city-related messages received on personal accounts to official accounts to preserve records. She also referenced case law and high-dollar PRA liabilities to demonstrate the potential consequences of inadequate records management.
