When is electronic mail considered to be a government document?

• A. Only if the email is officially archived
• B. If the email is created or received by a local government or its officers or employees pursuant to law or in the transaction of public business
• C. Only emails stored on servers
• D. Emails never considered records

Answer: (B)

Electronic mail becomes a government document when it is created or received by a local government or its officers or employees in the course of performing official duties or handling public business. This means the email is a record to be retained and may be subject to disclosure under the Public Information Act, regardless of how or where it is stored, as long as it documents official government activity. The defining factor is its connection to lawful duties or public business, not merely whether it was archived or stored on a server. Personal emails not related to official duties generally do not become government records, even if they are stored on devices, but once they pertain to public matters, they can be records that the government must preserve and disclose.