Anaheim Tightens Electronic Device Policy After Probe Finds Disregard for Records Law

Anaheim Tightens Electronic Device Policy After Probe Finds Disregard for Records Law

Anaheim politicians are taking decisive action to curtail the use of private cellphones and other electronic devices for conducting city business—a practice that independent investigators assert city officials frequently employed to evade the state's public records act.

In line with a California Supreme Court ruling, both the ACLU and the First Amendment Coalition have emphasized that emails, text messages, and documents related to official business are subject to disclosure laws, regardless of where they are sent.

City Attorney Rob Fabela underscored this point during a recent city council meeting, stating, "If you conduct city business on personal devices, it's a public record."

As a response to this issue, city officials have directed staff to mandate the use of government phones and devices for top city officials and staff. They have also prohibited the conducting of city business on personal accounts and mandated that officials forward city business emails to government email accounts.

These discussions are part of a series of proposed reforms scheduled for debate by Anaheim City Council members this fall. These proposals stem from conclusions reached by both FBI agents and independent investigators, who have found that lobbyists and Disneyland resort interests exert significant control over city hall and heavily influence policymaking.

Additionally, city officials are in the process of developing a staffing plan to hire personnel responsible for handling public records requests. They are also considering amending the city's record retention policy to retain emails for two years, as opposed to the previous three months.

Mayor Ashleigh Aitken emphasized the importance of these changes, saying, "Whether it's by design or by mistake, the risk of having either documents not preserved or the intentional sidestepping of the public records acts really causes us to do what is in the safest and the best interest of our city."

While some council members expressed skepticism about the effectiveness of these measures in deterring individuals from circumventing public records laws, others believed that enforceable policies and penalties would help maintain accountability.

In particular, Councilwoman Natalie Rubalcava supported the idea of creating a new unit to handle public records requests, despite the potential annual cost of $750,000 in salaries. She argued that this investment would help reduce staff workload.

In conclusion, the city of Anaheim is taking steps to address concerns related to the use of private devices for official business and to enhance transparency and accountability in government operations. These efforts are driven by a desire to ensure that public records are properly maintained and accessible to residents.