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The use of electronic mail creates certain issues related to the open meeting and public records laws. There is no distinction in the law between written and electronic records. As a result, it is likely that e-mail messages written or received in the capacity of a Board, committee or Commission member is a public record available for disclosure. Use of one’s own home computer may not exempt this fact. In addition, the ease by which e-mail messages are sent and forwarded may facilitate the discussion of public policy issues. Similar to “serial” telephone conversations, the discussion of public policy issues
among a quorum of Board, Committee, or Commission members via e-mail is a violation of the open meeting law.
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