Is email sent by a municipal employee subject to the Open Public Records Act? If so, what about email sent from his or her home computer?

Yes. Email sent by municipal employees is subject to the Open Public Records Act (OPRA) under the same conditions that regular mail or other written communications by these employees are covered by the Act. It is the subject matter of the email, rather than where it originated or where it is stored, that determines whether it is a "public record" under OPRA. If it discusses official municipal business and the subject matter is not protected by an exemption under the law, then it can be requested and must be released under OPRA.



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1. I have heard that the Attorney General has specifically exempted attorneys from the Open Public Records Act (OPRA). Is this true, and if so, why are they given special treatment?
2. Is email sent by a municipal employee subject to the Open Public Records Act? If so, what about email sent from his or her home computer?
3. Our municipality is being sued in state court over denial of a variance and using OPRA. Doesn’t he need to use the discovery rules to obtain material concerning litigation as parties have always done?
4. With Open Public Records Act (OPRA), what do I do with attorney-client privilege information, such as with detailed bills, when a request is sent?
5. Is the financial disclosure form that I file under the Local Public Ethics law as a municipal official subject to release under the Open Public Records Act (OPRA)?
6. I am a municipal clerk and a reporter for a regional newspaper recently called and asked for the salaries of all municipal employees. Do I have to release this information?
7. I requested a transcript of a municipality meeting and was told it takes weeks, don't they have to provide this to me within seven business days of my request under the law?
8. A resident who had a variance application denied has asked me for all “similar variance denials” by the municipality. How would I handle this?
9. Do requestors have to use the official Open Public Records Act (OPRA) form?
10. The court awarded substantial attorneys fees to the plaintiff in a settlement with our municipality. Can such fees be ordered in the context of a settlement?