EGD ©
USE  OF  TECHNOLOGY  IN
OFFICE  SERVICES

Electronic communications (including records made with other software and sent in e-mail) which are sent or received by the Board or District employees pertaining to the business of the District may be subject to public disclosure and inspection as public records and discovery in litigation as evidence in support of a claim.

All Board members and selected staff are encouraged to participate in Open Meeting Law (OML) and Public Records Law training within the first thirty (30) days after becoming a member of the Board or the date of employment, as is applicable.  In order to encourage the Board, individual Board members, staff communicating with or on behalf of the Board and members of councils/committees of the Board to comply with the requirements of the OML and Public Records Law, the following guidelines shall be followed:

Guidelines:

A.  E-mail or any other electronic messaging service shall not be used as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings.

B.  E-mail or any other electronic messaging service may be used to disseminate factual information, such as agenda packet, suggestions for public agenda items and reminders regarding committee meeting times, dates and places.

C.  Confidential information about employees, students or other Board members shall not be included in e-mail communications due to the risk of improper disclosure.

D.  Should electronic devices be utilized for participation or attendance at public meetings, the public in attendance including media representatives shall have the same access to the electronic input as the Governing Board members.

E.  The following statement shall be used on all Board member and staff electronic communications:  "To ensure compliance with the Open Meeting Law, Board member recipients of this message should not forward it to other Board members nor should Board members reply to this message."

F.  Board members shall communicate with staff members and the public by following procedures established in policy.

Records Retention:

Each Board member or staff member computer user shall segregate or store electronic communications pertaining to the business of the District to or from members of the Board or staff to a file folder and then to a location designated by the District so that these records may be maintained and inspected by any person upon request, unless otherwise made confidential by law.

Compliance

In the event a Board member(s) fails to comply with the guidance of Board policy, the matter shall be referred to the Board Chairman, who will meet with and/or discuss the matter and the Board policy with the Board member(s).  The Board Chairman may request that the Board's legal counsel participate in the meeting and/or discussion.

In the event an employee fails to comply with the guidance of Board policy, that employee may be subject to disciplinary action, up to and including possible termination.

The Superintendent may develop procedures to assist in compliance with the Open Meeting Law and the Public Records Law.

Adopted:  August 9, 2023

LEGAL REF.:
A.R.S.
38-431.01 et seq.
39-101
39-121 et seq.
41-1343
A.G.O.
I05-004
General Retention Schedule for School Districts and Charter Schools -
     Electronic Communications and Social Networking Records
20 U.S.C. 1232g Family Educational Rights and Privacy Act

CROSS REF.:
BDF - Advisory Committees
BEDH - Public Participation at Board Meetings
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
CFD - School-Based Management (School Councils)
EGAEA - Electronic Mail
EHB - Data/Records Retention (Records Management)
EHB-R - Data/Records Retention (Records Management Program)