DO YOU USE YOUR PERSONAL PHONE OR COMPUTER FOR YOUR WORK?
Watch Out! Your Comments Could Subject You to Discipline or Cause Problems at Work!
A new state Supreme Court decision published March 2, 2017 (City of San Jose v. Superior Court) held that any records (emails, texts, etc.) on public employees' private phones, computers or servers that relate to public business are public records and may be disclosed under the California Public Records Act.
Prior to this court decision the state law had been that if the public employees' records relating to public business were on their private phones or computers they were not subject to disclosure under the California Public Records Act since they were not controlled by the public employee's agency.
The court acknowledged there exists legitimate public employee privacy concerns. However, a public employee's comments, such as another employee was mismanaging a public works project, would be subject to disclosure.
Subsequent court decisions in the next several years will identify the fine line between your legitimate privacy concern in commenting and the public's right to know. However, this California Supreme Court decision opens the door to disciplining an employee for their comments when they use their private phone or computer for work, or it may cause them to have problems at work.
CAPE strongly urges you not to use your personal phone or computer for work. If you have a concern or question, call CAPE for assistance.
Blaine J Meek, Counsel