ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

September 03, 2015

Using personal cell phones in the course of conducting “official business”


Using personal cell phones in the course of conducting “official business”
Glenda Nissen v Pierce County, Supreme Court of the State of Washington, Docket #90875~3

In 2010 the Supreme Court of the State of Washington ruled that the State’s Public Records Act (PRA) applied to a record stored on a personal computer. The court explained that "[i]f government employees could circumvent the PRA by using their home computers for government business, the PRA could be drastically undermined."*

In the Nissen case the Washington Supreme Court considered a similar issue: Does the PRA apply when a public employee uses a private cell phone to conduct government business?

The court held that "text messages sent and received by a public employee in the employee's official capacity are public records of the employer, even if the employee uses a private cell phone.”

Presumably any record regardless of its format concerning or related to “official business” found or stored on the private cell phone of a public officer or employee would be viewed by the court as a public record subject to the State of Washington’s PRA.

* O'Neill v. City of Shoreline, 170 Wn.2d 138

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com