2.1a Study Session - EmailCITY MANAGER'S OFFICE
Jacob J. Wood
Deputy City Manager
300 West Ash • P.O. Box 736
Salina, Kansas 67402-0736
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MEMORANDUM
TO: City Commission
FROM: Deputy City Manager, Jacob Wood
DATE: June 2, 2022
SUBJECT. City Commission Email Functionality
TELEPHONE • (785) 309-5700
FAX - (785) 309-5711
TDD • (785) 309-5747
E-MAIL - iacob.wood(cilsalina.org
WEBSITE • www.salina-ks.gov
We recently updated the City's email server with modified and improved security settings. The
new security settings prevent us from continuing our past practice. Previously, we were able to
allow external emails sent to citycommission@salina.org to pass through our email server and be
delivered to your individual email addresses as if they came from the original sender. This
allowed you to reply directly back to the sender. The updated server settings will not allow
external emails to pass through the server. External emails sent to citycommission@salina.org
are blocked from delivery to email addresses outside of our system.
Staff has identified a solution that will allow the public to directly email one or more of the
members of the City Commission by clicking a link on the City's website that will open a window
in the user's email system with individual Commissioner's email addresses automatically
populated in the "To:" field. We have the capability to include the email address that is desired by
each individual Commissioner based upon personal preference and/or circumstance. This could
include a City provided email or a personal email. The following quoted segment from the
introductory synopsis of Kansas Attorney General Opinion 2002-1 explains the significance of
that choice from the standpoint of the Kansas Open Records Act:
The Kansas Open Records Act (KORA), K. S.A. 45-215 etseq., applies to computer records as well
as paper records. A record created by use of electronic mail (e-mail) may be subject to the KORA
if the electronic record in question meets the definition of "public record "found in K S.A. 45-217.
Whether e-mail communications between or involving individual city commissioners are public
records' will depend upon whether such e-mail communications are `made, maintained, or kept by
or [are] in the possession ofa public agency, 'and whether any ofthe exceptions to the definition
apply. The statutory definition of the term public agency' includes political and taxing
subdivisions and their officers or employees. However, the definition ofa public record' excludes
records that are `made, maintained or kept by an individual who is a member of... the governing
body of any political or taxing subdivision. ' Thus, if a specific e-mail communication is not made,
maintained or kept by the city, but rather is exclusively made, maintained or kept only by the
individual city commission members, it is not a public record' as defined by K.S.A. 45-217.
A copy of K.S.A. 45-217 is attached for reference.
If a Commissioner chooses a City -provided email address it will require the completion of cyber
awareness training and be subject to the City's retention policy. While the user's email system
originates an email initiated via the link on the City's web site, because an electronic version of all
of the emails to and from the City -provided email address will inherently be retained in the City's
system, K.S.A. 45-217 and Attorney General Opinion 2002-2 (above) tell us those emails will be
regarded as being maintained or kept in the possession of the City as a "public agency" and,
thus, will be a "public record" as defined by K.S.A. 45-217. If a Commissioner instead chooses a
personal email address, the user's system will originate an email initiated via the link on the City's
web site and the City's system will neither create nor retain an electronic version of emails to or
from the Commissioner's personal email address. Because emails to and from a Commissioner's
personal email address will not be made, maintained, or kept by the City as a "public agency," but
rather will be exclusively made, maintained, or kept only by the individual Commissioner, K.S.A.
45-217 and Attorney General Opinion 2002-2 tell us those emails will not be a "public record" as
defined by K.S.A. 45-217.
Each Commissioner has the ability to choose from the following options:
1. Choose a City provided email address (i.e. john.doe@salina.org)
2. Choose an existing email address (personal or business)
3. Create a new dedicated email address (established by you) for the purpose of
segregating City emails (i.e. commissionersmith@gmail.com)
45-217. Definitions. As used in the open records act, unless the context otherwise requires:
(a) "Business day" means any day other than a Saturday, Sunday or day designated as a holiday by the congress of the United States, by the
legislature or governor of this state or by the respective political subdivision of this state.
(b) "Clearly unwarranted invasion of personal privacy" means revealing information that would be highly offensive to a reasonable person.
including information that may pose a risk to a person or property and is not of legitimate concern to the public.
(c) "Criminal investigation records" means: (I) Every audio or video recording made and retained by law enforcement using a body camera or
vehicle camera as defined by K.S.A. 45-254, and amendments thereto; and (2) records of an investigatory agency or criminal justice agency as defined
by K.S.A. 22-4701 and amendments thereto, compiled in the process of preventing, detecting or investigating violations of criminal law, but does not
include police blotter entries, court records, rosters of inmates of jails or other correctional or detention facilities or records pertaining to violations of
any traffic law other than vehicular homicide as defined by K.S.A. 21-3405, prior to its repeal, or K.S.A. 2021 Supp. 21-5406, and amendments thereto.
(d) "Custodian" means the official custodian or any person designated by the official custodian to carry out the duties of custodian of this act.
(e) "Cybersecurity assessment" means an investigation undertaken by a person, governmental body or other entity to identify vulnerabilities in
cybersecurity plans.
(f) "Cybersecurity plan" means information about a person's information systems, network security, encryption, network mapping, access control,
passwords, authentication practices, computer hardware or software or response to cybersecurity incidents.
(g) "Cybersecurity vulnerability" means a deficiency within computer hardware or software. or within a computer network or information system,
that could be exploited by unauthorized parties for use against an individual computer user or a computer network or information system.
(h) "Official custodian" means any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of
m Nether such records are in the officers or employee's actual personal custody and control.
(i) (1) "Public agency" means the state or any political or taxing subdivision of the state or any office, agency or instrumentality thereof, or any
other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or
taxing subdivision of the state.
(2) "Public agency" does not include:
(A) Any entity solely by reason of payment from public funds for property, goods or services of such entity; or (B) any municipal judge, judge of
the district court, judge of the court of appeals or justice of the supreme court.
(j) (1) "Public record" means any recorded information, regardless of form, characteristics or location, which is made, maintained or kept by or is in
the possession of:
(A) Any public agency; or
(B) any officer or employee of a public agency pursuant to the officer's or employee's official duties and which is related to the functions, activities,
programs or operations of any public agency.
(2) "Public record" includes, but is not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system
and the investment of moneys of the fund.
(3) Notwithstanding the provisions of subsection 0)(1). "public record" does not include:
(A) Records that are owned by a private person or entity and are not related to functions. activities, programs or operations funded by public funds.
As used in this subparagraph, "private person" does not include an officer or employee of a public agency who is acting pursuant to the officer's or
employee's official duties;
(B) records that are made, maintained or kept by an individual who is a member of the legislature or of the governing body of any political or
taxing subdivision of the state; or
(C) records of employers related to the employer's individually identifiable contributions made on behalf of employees for workers compensation.
social security, unemployment insurance or retirement. The provisions of this subparagraph shall not apply to records of employers of lump -sum
payments for contributions as described in this subparagraph paid for any group, division or section of an agency.
(k) "Undercover agent" means an employee of a public agency responsible for criminal law enforcement who is engaged in the detection or
investigation of violations of criminal law in a capacity where such employee's identity or employment by the public agency is secret.
History: L. 1984, ch. 187, § 3; L. 1992, ch. 321, § 22; L. 1994, ch. 293. § 4; L. 2005, ch. 126, § 7; L. 2011, ch. 30, § 191; L. 2016, ch. 82. § 10; L.
2021, ch. 82, § 10; July 1.