Friday, January 3, 2014

Are municipal Facebook pages subject to Public Records Law? | MAOS by Chaz Stevens

Chaz Stevens posts an advisory Attorney General legal opinion on Facebook and other social media. It relates to the state's public records law and if government agencies that have a presence on these outlets are subject to the open records and meetings (Sunshine) laws. The simple answer is yes, but it can get a little complicated, as the lengthy opinion suggests. This item from the end of the 2009 letter could apply to this blog as I am an appointed member of an advisory board. I can opine here, but I am careful not to talk about things that will foreseeably come before the Historic Resource Preservation Board - and certainly not with other board members. Click title for link. This is the part that I am referring to:
“While there is no statutory prohibition against a city council member posting comments on a privately maintained electronic bulletin board or blog, . . . members of the board or commission must not engage in an exchange or discussion of matters that foreseeably will come before the board or commission for official action. The use of such an electronic means of posting one’s comments and the inherent availability of other participants or contributors to act as liaisons would create an environment that could easily become a forum for members of a board or commission to discuss official issues which should most appropriately be conducted at a public meeting in compliance with the Government in the Sunshine Law. It would be incumbent upon the commission members to avoid any action that could be construed as an attempt to evade the requirements of the law.”