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County attorneys caution commissioners about using personal devices and preserving records
Summary
Presenters warned that messages on personal phones, texts or direct messages discussing county business may be subject to KORA and litigation holds can preserve data even after local deletion.
Deputy District Attorney Aaron Bridal and county staff told commissioners that using personal devices or private messaging to conduct county business can still create records subject to the Kansas Open Records Act if the communications concern official business. Bridal said such issues are not yet fully litigated in every context but cautioned officials that communications about county work on personal platforms could be discoverable.
County staff also described litigation holds and records-retention practices: even if material is deleted locally from a device or drive, litigation holds and server-side archives can preserve content. Presenters recommended following county-provided software and email systems for official work and, when in doubt, memorializing exchanges on county email so a retrievable record exists.
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