NFOIC’s State FOIA Friday for April 19, 2013

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Accidentally released text messages give peek at O’Malley discussions

From The Baltimore Sun:

The text messages were pinging to and from Gov. Martin O’Malley’s BlackBerry. It was the latter part of October, and Election Day was just around the corner.

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Lawyer targeting Modesto over policy of purging emails after 30 days

From The Modesto Bee:

An attorney claims Modesto is violating the state's public records law because the city's computers automatically purge emails once they are 30 days old.

Sacramento attorney Kelly T. Smith filed papers Friday in Stanislaus County Superior Court, asking a judge to order the city to stop deleting emails and revise its policies to come into compliance with the California Public Records Act.

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Peter Scheer: Judge plugs “private email” loophole in CA public records law

From First Amendment Coalition:

In a big victory for open government, a Superior Court judge in San Jose has ruled that the state’s Public Records Act applies to government officials’ emails and texts about government business–EVEN IF those messages are sent or received using the officials’ private email or text accounts, rather than accounts belonging to the government.

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New Mexico solons claim right to keep official emails private

From The Washington Examiner:

SANTA FE — It may be Sunshine Week — a nationwide initiative focused on the importance of access to public documents and information — but New Mexico lawmakers are halfway toward adopting a resolution creating an exception for legislative emails.

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The House on Sunday voted 48-16 to pass House Concurrent Resolution 1, which proposes limits for releasing emails and other records.

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