This should be our response to Mannie's article

----- Original Message-----
From: Kane, Brendan
Sent: Friday, September 28, 2007 4:42 PM
To: Herschel, Henry
Subject: FW:

Henry,
The email you requested is below.

Brendan Kane
Office of Governor Matt Blunt

----- Original Message-----
From: Eckersley, Scott
Sent: Friday, September 14, 2007 2:44 PM
To: Kane, Brendan
Cc: 'ernorley@slu.edu'
Subject:

This should be our response to Mannie's article:

• We agree that emails can be "public records" pursuant to 610.010(6)--"Public record" (is) any record, whether written or ELECTRONICALLY STORED, retained by or of any public governmental body."
   
• However, 610.010(6) also says: "The term 'public record' shall NOT include any internal memorandum or letter received or prepared.. .in connection with the deliberative decision-making process of said body, unless such records are RETAINED by the public governmental body."
   
• Mannies says GMB signed a 3-year retention policy for all "general communication"-this is true. In 2001, GMB signed a records-retention schedule for all state agencies and saying exactly that. In the new retention schedule (issued August 2,2007)-this remains the same (we have copies of both). Mannies error is assuming that the emails discussed in her article are public records-the kind that should have been retained.
   
• Lastly, the people who issue this retention schedule include the Attorney General or his representative pursuant to RSMo 109.250-(this is the statute Mannies references).

  "There is hereby created the 'State Records Commission'. It shall consist of the following members: the secretary of state, or his authorized representative. who shall act as chairman: the ATTORNEY GENTRAL,or his authorized representative: the state auditor, or his authorized representative; the director of the form~management unit appointed pursuant to section 37.320. RSMo; a member of the house of representatives appointed by the speaker of the house: a member of the senate appointed by the president pro tem of the senate: the director of the state historical society; and the chief information officer."

   

• If we want to attack the AG on this we should not ask the post-dispatch why they have not requested letters from Nixon, we should ask Nixon to clarify the retention schedule as one of the members of the commission that created it.