This story notes that State Auditor Brian Sonntag filed a declaration in a Public Records Act case about whether an agency can delete emails and thereby escape liability under the Act. The State Auditor's declaration says, in essence, that his office cannot audit state and local governments if emails are not retained by the agency for the periods of time required by law.
http://www.theolympian.com/southsound/story/186153.html (scroll down to "Hearing delayed in case related to deleted emails").
Note: Allied Law Group represents the records requestor in this case so we will not provide detailed comments until a final decision has been rendered.