If you’ve ever received documents, letters or emails from public officials, you may have noticed a “disclaimer” at the bottom of them.
I say “may” because much of the correspondence is generic or harmless formality. And for all I know, there may be more states and cities and towns that don’t bother with them than those that do.
Lately I’ve been trying to make sense out of the workings of Newburyport City Hall, which is a bit like trying to make sense out of Donald Trump’s discursive tangents on windmills, wild fires, the wetness of water, magnets, Elton John, kickbacks, cheerios, bird cemeteries, Hannibal Lecter, sharks and batteries, Bruce Springsteen’s skin, Gary Player’s size, trophy wives, and whatever else pops into his tilt-a-whirl mind. You may have noticed results of my efforts in recent blogs, and there may be more to come. So, be warned!
But there I discurse again on a tangent of my own. Back to the real purpose of this blog: To call your attention to disclaimers in hopes that you will check any that may come your way.
If you’re lucky, they either will not be there, or they will clearly state your right to share the information. So it is with this confirmation of the First Amendment:
The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its implementing regulations.
If you’re unlucky, you’ll feel the chill intended by this:
This communication from the City of Newburyport is intended only for the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy this e-mail and all copies of it. Thank you.
Gotta admit: “Thank you” is a nice touch!
Some say yes, some say no, I say go-go-go. At least in this case for the simple reason that state laws always supersede those of cities and towns. Seems, too, that the First Amendment supersedes a any state restrictions, but it is easy to imagine exceptions that would qualify as classified or privileged, which would be recognized ahead of time by both sides. Unless the sender and recipient(s) have already agreed to a restriction, the only lesson here is quite simple:
Don’t fall for the implied, empty threats of “hereby notified” and “strictly prohibited.”
Others may wonder about the contradiction. I’ll admit it gave me pause as I sat there scrolling through emails sent to a friend from office holders in City Hall, and one internal email from the mayor to a member of his staff. I made a few phone calls, including one to a friendly acquaintance I have left in City Hall.
The consensus was that the Newburyport entry was there only to frighten those who might believe it, that it had no teeth. Eventually, an official in the town next door sent a friend who inquired on my behalf a state document:
IMPORTANT NOTICE: The Secretary of State’s office has determined that most emails to and from municipal offices are public records. Consequently, confidentiality should not be expected.
I went ahead with an expose using direct quotes from and timestamps on the emails. But, as always in this quaint, seaside, tourist town, there’s a twist: On the very day I heard (indirectly) from Massachusetts’ Secretary of State, the local paper reports that the mayor has sent a memo to all city employees that tells them not to talk about City Hall business with city councilors. Quite a stroke in a public building with a front door directly across the street from a statue of William Lloyd Garrison–editor of the abolitionist newspaper, The Liberator–who proclaimed, “I will be heard!”
Tempting to send the mayor a letter of thanks for proving my point before I make it. But now, when I do make it, it will seem like an understatement. Back to the drawing board I go.
Such are the workings of Newburyport City Hall. And I’ve already told you what it is like to try to make sense of it.
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