Which statement best describes electronic mail under local government records rules?

Which statement best describes electronic mail under local government records rules?

• A. Emails created or received by private individuals are government records
• B. Emails created or received by a local government officer pursuant to law
• C. Emails stored on private devices are government records
• D. Emails created or received by a local government or its officers pursuant to law or in the transaction of public business are government records

Answer: (D)

Emails become government records when they are created or received by a local government or its officers in connection with public business or under authority of law. The important point is the source and purpose, not where the email is stored. Therefore, the statement that best describes electronic mail under local government records rules is that emails created or received by a local government or its officers pursuant to law or in the transaction of public business are government records. This captures both the official origin and the public-business purpose. The other options don’t fit as well because private individuals’ emails aren’t automatically government records just by content, storing emails on private devices isn’t by itself determinative of record status, and limiting to “pursuant to law” excludes emails created or received in the course of public business.

Emails become government records when they are created or received by a local government or its officers in connection with public business or under authority of law. The important point is the source and purpose, not where the email is stored. Therefore, the statement that best describes electronic mail under local government records rules is that emails created or received by a local government or its officers pursuant to law or in the transaction of public business are government records. This captures both the official origin and the public-business purpose.

The other options don’t fit as well because private individuals’ emails aren’t automatically government records just by content, storing emails on private devices isn’t by itself determinative of record status, and limiting to “pursuant to law” excludes emails created or received in the course of public business.