Public officials have to be careful when communicating via electronic means. The House State Affairs committee passed House Bill 1113 as amended today that expands the definition of a teleconference to include text colloquy. Under current state law, public meetings that are held by teleconference must be open for the public to listen to or view the dialogue. This bill adds text messages, emails, or any similar media must also be available to the public when discussing official business with the majority of the body. While proponents of the bill say it clarifies current law, opponent Representative Brian Gosch says it will have unintended consequences.
“I think it’s also potentially very intrusive into someone’s text messaging string. Personal and family texts in amongst texts associated with the public body, and there could be attempts by those folks, some folks out there to make an allegation in effort to obtain all those texts through the state’s attorney’s office; also potentially problematic and legally expensive in resisting that desire to obtain all those texts. I think it also potentially makes for inefficient government when you’re looking for follow-up information,” Gosch says.
The proposed legislation requires that emails or texts falling under the law be kept for a year. The bill passed the committee by just a one vote margin and continues to the House floor.