Text messages are public records

Back in November 2013, Representative Dan Miller sponsored a Right To Know Information Session at the Municipal Building. Dan has always been an advocate for transparency in government. Recently, Dan sent me this article about text messages. Text message is a public record

When I submit a Right To Know to our government agencies, I ask for all communication, not just emails. Have I ever received a text message in any of my RTKs? No. This has been an ongoing battle with our municipality.

The Municipal Open Records Officer, Manager Steve Feller, has found a loophole in the Sunshine Law taking an additional 30 days on top of the five days permitted to grant or deny right to know requests. All requests seem to be coming back with the need for a legal review. I filed a RTK concerning the archery program and even though the request is time sensitive, I will not hear from Steve until on or before January 29, 2015. Will I get any text messages in that request? It is highly improbable. Will I see any commissioners "breaking sunshine" in that request? Most likely.

At a recent commission meeting, a resident inquired about cell phones. After he spoke, our PIO, Susan Morgans flashed her cell phone in front of the resident's face, and made a snarky remark about her cell phone. The resident was forced to file a Right To Know and got the usual Feller delay tactic.

Since Dan Miller has left our municipal government, the Municipality of Mt. Lebanon has become very secretive.

While some local governments have been proactive on the text messaging archiving quandary, McEwen said others might be dragging their feet and pretending it’s a tech challenge they don’t need to worry about. 

“I think that’s really scary to put those blinders on,” he said. “If you aren’t retaining [text messages], you’re doing a disservice to your citizens by not protecting those records.”

Our municipal and school district Open Records Officers are doing a disservice to the residents of Mt. Lebanon by dragging their feet and by not complying with the sunshine laws.