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.