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Friday, July 13, 2007

Outgoing School Superintendent Ordered Not to Destroy Public Records on Personal Computer

"Outgoing Tacoma schools Superintendent Charlie Milligan has been told not to destroy any records of district business contained on his personal computer."

The law is pretty clear: (1) records of agency business on home computers are a "public record" subject to disclosure, and (2) an agency or employee cannot destroy public records that have been requested until the request is resolved.

What to do if an agency destroys requested public records (before the records can lawfully be destroyed under a state-approved retention schedule)? Sue them, as BIAW has done by recently filing a Public Records Act enforcement case against Pierce County's Auditor regarding voter registration records.