From WRAL.com (7/9/09): Gov. Beverly Perdue has replaced an order signed by her predecessor reinforcing that most e-mails sent or received by executive-branch employees can't be immediately deleted so they can be preserved to comply with public records laws.
The executive order announced Wednesday largely follows the order released by Gov. Mike Easley the day before he left office in January in response to a public records lawsuit filed against him and his administration.
Perdue released another executive order she also signed Tuesday that would require the names of consultants who are helping companies get state economic incentives be provided to state officials to prevent conflicts of interests.
“These executive orders further expand on two hallmarks of my administration – transparency and accountability,” Perdue said in a release. “Only when the doors of government are open wide, and the sun truly shines in, can we be sure that our government by the people is working for the people.”
Like Easley’s order, Perdue’s e-mail policy tells agency employees they can’t delete e-mails they send or receive for at least 24 hours so that they can be copied and stored for at least 10 years. Perdue and Easley both directed the state’s information technology office to purchase an archive system so that messages won’t have to be stored on cumbersome backup tapes.
The language of Easley’s order indicated e-mails could not be deleted that were “sent or received in the course of conducting state business.” Perdue said messages “that are not clearly related to the transaction of state business” can be deleted, such as junk mails and messages deemed offensive.
Perdue’s order “is more specific about what items should and should not be deleted,” Perdue spokeswoman Chrissy Pearson wrote in an e-mail. Pearson said the archive system would be searchable, meaning it would be easier to respond to public records requests.
Perdue and Easley both made clear that government e-mail accounts can’t be used for political purposes, and personal communications should be limited. Perdue’s order also said state accounts shouldn’t be used to conduct outside business activity.
Easley’s executive order came months after several media outlets sued him and his administration, accusing them of systematically destroying e-mails. Easley said such deletions didn’t occur.
The litigation is pending – a judge is slated to hear arguments Aug. 3 in Wake County court on a motion by state attorneys to dismiss the lawsuit.
Mike Tadych, an attorney representing the media groups who sued, including The Associated Press, said at first glance Perdue’s order appears a clarification of Easley’s earlier directive.
Perdue said in January she was still reviewing Easley’s e-mail order and was considering whether to replace it with her own order.
The second order signed by Perdue directs the Department of Commerce to obtain from a business seeking tax credits and incentives identifying information about consultants who are helping the firm obtain the benefits.
The governor, department and members of a state panel that awards incentives will review the names to determine if they have any relationship with the consultant and, if necessary, work to limit any involvement in the project.
The names of the consultants and actions taken to limit appearances of conflict will be made public as part of documents released after efforts for the state to lure a new company to the state are completed.
Pearson wrote that “requiring this disclosure will, for the first time, provide the governor and her economic development team with clear identification of the players in the room.”
AP Report