Emails are records
The state policy on deleting them hurts the public
can take months, even years, for court cases to make their way from filing to resolution, but some legal disputes demand quick action.
That’s true of a lawsuit filed by the Pittsburgh Post-Gazette and a halfdozen other news organizations over the state’s practice of deleting emails. Forty-seven executive branch agencies allow employees to delete many emails at will, and very soon after they’re received. That gives workers wide latitude that can result in key records being erased before the public can see them or even realize that their content is important.
The Post-Gazette learned that when it tried to research emails sent by former state education official Ron Tomalis but found there were only five in a year’s time.
The original court challenge was filed in September, after the Post-Gazette’s report on the email practice, which included the revelation that state computer servers delete many emails after five days. In October, Commonwealth Court denied a request for a preliminary injunction against the practice, issuing a temporary ruling in the state’s favor.
The email policy has been in place for years, including under former Republican Gov. Tom Corbett. Democrat Tom Wolf’s administration has not changed the policy, stating in response to this week’s filing that it “is currently reviewing and seeking to improve the state’s email preservation practices.” An elected official who during his campaign promised openness should have moved away quickly from this ill-advised practice.
This week, the plaintiffs asked the Pennsylvania Supreme Court to intervene. It should do so to prevent the destruction of records while courts decide the merits of the case.
The open records law is supposed to give citizens access to information that shows how government conducts business on their behalf.
The state’s highest court should decide sooner rather than later that the email policy improperly neuters the law by allowing the premature destruction of records. Failing that, the Legislature should amend the law to require state agencies to retain public records for a reasonable period and that employees who send and receive the emails should not be the ones responsible for deciding if they’re worth keeping.