LTISD Info

The LTISD sure doesn’t seem to know anything about “Email Archiving Requirements For Schools and Local Governments.“

Just ask for some emails from the district. Seems no one (especially Rocky) seems to keep emails. BTW: don’t ask for Rocky’s emails, ask for Linnea’s emails. All of Rocky’s emails apparently go through her.

The article “Email Archiving Requirements For Schools and Local Governments” (the entire text in Adobe Acrobat format may be requested at the bottom of this link’s page)  says:

“The newly revised Federal Rules of Civil Procedure define how email must be handled in federal court cases. Businesses tend to think that the FRCP focus is on interstate lawsuits. Schools and governments, however, also need to be concerned with emails relating to federally funded activities or any activity governed by federal legislation.”

“Unfortunately, the courts are taking a dim view of organizations that cite lack of resources as a reason for not meeting tight deadline requirements.”

“The newly revised Federal Rules of Civil Procedure call for an exhaustive search for all electronically stored information (ESI), including email, which is “in the possession, custody, or control of the party.” It must be disclosed “without awaiting a discovery request” (Rule 26(a)(1)). Privileged information, such as attorney-client communications, may be excluded.
Most legal experts believe that this provisions means that if even one member of the faculty, staff, administration, or Board has a copy of a relevant email on a laptop or home PC, then it is “in the possession, custody, or control of the party.” The email must be found quickly and disclosed.”

“However, the organization must put in place provisions to prevent the deletion of any document that could be relevant as evidence in the case. For example, companies must place a “litigation hold” on documents and email to prevent any evidence from being destroyed if litigation is “reasonably foreseeable.” Some good indicators that a litigation hold is required are as follows:

• A formal complaint, subpoena, or notification of a lawsuit is received.
• Somebody threatens litigation, even verbally by saying, “I am going to sue.”
• A regulatory or governmental body starts an investigation.
• An attorney or third-party investigator requests facts related to an incident or dispute.
• An incident takes place that results in injury.
• An employee makes a formal complaint to management, especially when related to personnel issues.”

I wonder if our district’s super duper General Counsel, Susan Bohn, is aware of all this? Somehow I doubt it.