davidmcbeth
Banned
"The pictures I took were on my personal phone and for my personal use. I will post them on my personal website. Once they hit the public domain, you can get them there. "
^^^^^^^^^^^^^^^^ a recent reply to a request for pictures that a chief of police took using his personal phone in doing town business....yet are they public records available to the public? You bet...see:
18. The Commission also has previously considered the reverse situation i.e., whether emails sent and/or received by a public employee on his or her personal computer are “public records,” within the meaning of §1-200(5), G.S., and consistently held that if the content of the emails relates to the conduct of the public’s business, such records are “public records,” within the meaning of §1-200(5), G.S. See, e.g., Robert Willis v. Director, Park and Recreation Department, Town of Woodbury, Docket#FIC 2013-298 (January 8, 2014); Susan Chapman v. Monika Thiel, Selectman, Town of New Fairfield, Docket #FIC 2011-307 (April 7, 2012); Stamford Professional Fire Fighters Association v. Chief, Springdale Fire Co., Docket #FIC 2010-795 (October 12, 2011); Gail Anne Shea v. Planning and Zoning Commission, Town of Stonington, Docket #FIC 2006-679 (October 24, 2007); Richard Rowlenson and Gemini Networks Inc. v. John Fonfara, Co-Chairman, State of Connecticut, General Assembly, Energy and Technology Committee, Docket #FIC 2005-408 (June 14, 2006); Mark O. Weeks v. First Selectman, Town of Canterbury, Docket #FIC 2004-323 (July 13, 2005).
^^ Paragraph from FIC Case 2014-309
http://www.ct.gov/foi/cwp/view.asp?a=4162&Q=564998
Case decision linked here ^^^^
So if you run into a situation where a CT .gov uses a personal device for .gov business...these records are available for public inspection and/or copying
^^^^^^^^^^^^^^^^ a recent reply to a request for pictures that a chief of police took using his personal phone in doing town business....yet are they public records available to the public? You bet...see:
18. The Commission also has previously considered the reverse situation i.e., whether emails sent and/or received by a public employee on his or her personal computer are “public records,” within the meaning of §1-200(5), G.S., and consistently held that if the content of the emails relates to the conduct of the public’s business, such records are “public records,” within the meaning of §1-200(5), G.S. See, e.g., Robert Willis v. Director, Park and Recreation Department, Town of Woodbury, Docket#FIC 2013-298 (January 8, 2014); Susan Chapman v. Monika Thiel, Selectman, Town of New Fairfield, Docket #FIC 2011-307 (April 7, 2012); Stamford Professional Fire Fighters Association v. Chief, Springdale Fire Co., Docket #FIC 2010-795 (October 12, 2011); Gail Anne Shea v. Planning and Zoning Commission, Town of Stonington, Docket #FIC 2006-679 (October 24, 2007); Richard Rowlenson and Gemini Networks Inc. v. John Fonfara, Co-Chairman, State of Connecticut, General Assembly, Energy and Technology Committee, Docket #FIC 2005-408 (June 14, 2006); Mark O. Weeks v. First Selectman, Town of Canterbury, Docket #FIC 2004-323 (July 13, 2005).
^^ Paragraph from FIC Case 2014-309
http://www.ct.gov/foi/cwp/view.asp?a=4162&Q=564998
Case decision linked here ^^^^
So if you run into a situation where a CT .gov uses a personal device for .gov business...these records are available for public inspection and/or copying
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