MEMO FROM MIKE DIXON

Well, since there is a question as to whether or not the CITIZENS for CRIMINAL JUSTICE just may be operating from inside the SO, along with some very strange, somewhat threatening emails.

Guess they realize they’re peeps are worried about FACEBOOK and what people can get via OPEN RECORDS.

The people writing this should realize that doing it AT SO or any county or state agency constitutes it being a GOVERMENTAL site and is subject to OPEN RECORDS.

You are a bunch of really stupid and desperate people, obviously, everyone knows whazzup.

H

Hey, I get into your memos and shit now so………………………….

Mike Dixon: Follow-up on S.B. 944 Memo

InanattempttostresstheimportanceofcomplyingwithS.B.944itappearsthatIhave

caused some unnecessary panic. First, note that SB 944 did not change the law—public business

conductedonaprivatedevicewasalreadypublicinformation.Allthelegislationdoesismake

thedevice-userthetemporarycustodianofsuchrecordsandprovideteethtotrytoensurethat

public information is not deleted or lost before its retention deadline.

FOR MOST EMPLOYEES THIS WILL HAVE VERY LITTLE EFFECT. For most

non-policymakingemployeesthisbillshouldhavelittleeffectbecausemostofyourtextsare

going to be transitory in nature (related to specific work tasks, a specific project, getting

informationonthelocationofameeting,schedulingameeting,seekingclarificationfroma

supervisor, and day-to-day work matters). These are all considered “transitory” and only must be

keptonlyaslongasadministrativelyneeded—whichusuallywouldmeanwhenthetextisno

longerrelevant orwhenthe matterwhichisthe subjectof thetextis completed.Forexample,a

text to haul a load of gravel to a specific site is of no administrative value after the load has been

hauledtothesitedirected.Drafts,editing,contactinformation,electronicdocumentsusedto

prepare paper documents, and day-to-day work talk do not have to be retained past their

administrative need, which in many cases is going to be the next day. IN ADDITION, mass texts

regardingtrainingopportunities, conferences,etc.;and unsolicitedjunktexts canbedeleted.

Furthermore,iftheinformationhasbeensavedonanelectronicstoragemediaintheCounty’s

control, the texts can be deleted. [Pleasedo notstart saving screen shots to the County system as

this will cause problems due to the additional storage space such require].

YOURPERSONALTEXTSCANNOTBEREQUIREDTOBEMADEPUBLIC.

The lawonly requires thattexts regarding Countybusiness must be turned overon request. You

do NOT have to provide texts that do not involve the public business of the County.

ItisonlywhenthetextCONTENTinvolvesasubjectmatterwhereaspecificretention

periodapplies thatthereshould beanyconcern. [budget,litigation,computersecurity incidents,

employee records, legal claims, claims of civil rights violation, bids and proposals, bond

planning,payroll,Countybankinginformation,financialtransactions/purchasing,maintenance

records, asset inventory; environmental inspections, bridge inspections, hazardous materials

inventory andaccountability, constructionplans, requiredfilings with stateor nationalagencies,

proofoftrainingrequiredbylaw,auditmaterials,accountingrecords, electionrecords,etc.]

Therearemanyretentionitems,butfewifanywilladdressmereday-to-daytextstocarryout

work assignments.

However, ifanemployee isinvolved inan areawhereretention isrequired, certaintexts

couldbecomesubjecttolongerretention.Forexample,atexttoasupervisorwarningthatthe

budgetisbeingexceededinacertainarea,atextprovidinganotheremployeewithapurchase

ordernumber, a reportofan accidenton Countypremises,a reportof aspill of chemicals,texts

assisting inputting together a bond package, textsstating an intention by the employee or

someoneelsetofileaclaimagainsttheCounty,textsidentifyingdangerousconditionsofa

bridgeorroad,ortextsregardingchangesneededtodesignorconstructionplansforaCounty

facility.Thereare many“Retention”areas.BUTAGAIN,mostemployee’sday-to-daytexts

regardingworkarenotgoingtorise tothislevel.GENERALLY, retention isbased onthe

IMPORTANCE of the content from a higher-level perspective

CountyofficialsandadministrativepersonnelarethepersonsmostaffectedbySB944becausemanytextswillinvolveimportantCountybusinessandpolicy.Iwilladdressthisinaseparate memo.

TO: COUNTY EMPLOYEES

FROM: MIKE DIXON

PERSONAL SOCIAL MEDIA ACCOUNTS

A couple of years back County employees were made aware of the County’s Text Message Policy

that was adopted in light of S.B.944. A copy of the Text Message Policy is attached.

S.B.944 applies to electronic messages regarding County business. Employees should be aware

that County-business-related posts on Social Media are public records subject to the Texas Public

Information Act. Employees are discouraged from posting County business related content on

Social Media. It is each employee’s obligation to identity and archive social media posts on their

personal social media accounts that involve County business. Failure to do so could be a violation

of the Texas Public Information Act, and depending on the circumstances may warrant discipline,

which could include discharge.

For retention periods please see the attached Text message Policy.

We realize that this is inconvenient, but we do not write the law

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