the many dangers of email preventive law corner by dennis j. eichelbaum
TRANSCRIPT
The Many Dangers of EmailPreventive Law Corner byDennis J. Eichelbaum
• Are emails good documentation?
• What is your districts policy on emails?
• Will the district accept emails as documentation?
• What happens to emails you delete?
1. It is difficult to prove up as evidence.
• Someone has to testify that there is an actual data version of the document on the district’s server.
• Someone has to testify that they person named as sender is the person that sent the email.
• It is almost impossible to get a signature from the person that was to receive the document.
2. It looks sloppy and/or unprofessional.
• A district letterhead is much more impressive than an impersonal email.
• Reprimand and directives are formal correspondence to an employee.
• A email gives the impression the supervisor is lazy or acted quickly without forethought.
3. Emails are rarely edited properly
• An administrator will usually have several drafts of a memo but not an email.
• An administrator will usually ask someone to review a memo but not an email.
• Emails will often be sent with errors or omissions of pertinent information.
• “Official” documents with words misspelled, language errors, poor use of uppercase and lower case letters carry little weight as being official.
4. Most often memos are written by the brain.
• Emails are typed from the heart.
• Memos are written and left to season before being sent.
• Emails are written and sent.
• Emails are usually typed quickly and without the proper amount of consideration
5. Emails rarely have the details
• Memos usually have appropriate details.
• Emails usually are a skeleton.
• Emails are written for the recipient, while memos are written for the jury.
6. Emails can easily be shared
• Emails can easily be sent to individuals that do not need to see them.
• The recipient can easily share the email with others.
• A memo takes more effort to share.
• A memo will not be sent to a group.
7. Emails received can help you.
• An email received from an employee that is emotion-laden can provide documentation.
• If you respond, do so in a crafted memo.
8. Emails are public records
• Superintendent sends an email to a trustee about a concern.
• If trustee comments and sends his comments with ‘reply to all’, the trustees are in violation of the Texas Open Meeting Act.
• A delete of an email does not delete from the district server.
• Be careful what is sent via email—jokes, cute quips or sarcastic comments may be printed in the newspaper.
• Newspapers make requests under the Texas Public Information Act.
• Items sent from home computer to a district computer become district information.
• Don’t send questionable information.
• If you receive questionable information, ask the district computer tech to remove the item(s)
• Principals have been fired for having items that should not be on a district computer.
• How does the district know what is on your computer? You send a request for computer repair. The tech may find what you should not have.
• Don’t let anyone use your computer.
• What someone downloads on your computer is yours.