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Published Thu, Mar 18, 2010 02:00 AM
Modified Thu, Mar 18, 2010 07:04 AM

E-mail archiving goes at snail's pace

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- Staff Writer
Tags: local | news | politics | state | sunshine2010

In July, Gov. Bev Perdue signed an executive order directing the state's information technology staff to implement a new system "as soon as practicable" to automatically archive government e-mail for 10 years.

But eight months later, only 1.4 percent of the 60,787 e-mail accounts maintained by the state are on the new archiving system.

Though there have been some technical hurdles, the problem is primarily money. With the state facing major fiscal trouble, no funding has yet been allocated to fully implement Perdue's order.

"Gov. Perdue continues to place a high priority on transparency in state government and making the business of the people more accessible to those we serve," Chrissy Pearson, Perdue's spokeswoman, said Wednesday. "Even in difficult budget times, she hopes to continue to make progress towards making access to public records across state government quicker and easier."

Copies of e-mail messages to and from public officials have become a prized resource for reporters and good-government watchdogs, often providing insight into how decisions are made and who was involved in deliberations.

In November, Perdue announced the award of a $694,448 contract with a California company for the installation and maintenance of the equipment and software needed to archive e-mail.

That system is now up and running for the Governor's Office staff and in the information technology department, which have about 840 e-mail accounts between them.

Gerald Fralick, the state's chief information officer, said the new system works well, providing a reliable and searchable database of saved e-mail. His department will request $800,000 in next year's budget to expand the program.

E-mail on reels of tape

With a predicted 2011 budget shortfall of at least $500 million looming because of the lingering effect of the recession, however, investing in e-mail archiving could be a tough sell at the General Assembly.

In the meantime, the government is stuck with an antiquated system that backs up e-mail each night on large reels of magnetic tape. Designed as a way to recover e-mail in the event of a catastrophic server failure, the system was never intended for long-term storage and is extremely difficult to search for e-mail to or from an individual or on a specific subject.

Even if the requested new funding is approved, state agencies outside the governor's control may not participate in the new archiving program. The departments of Labor, Agriculture, Insurance and other Council of State agencies have independently elected leaders and are not subject to Perdue's executive order. They account for more than 5,000 e-mail users.

Easley e-mail deleted

Perdue's emphasis on improving e-mail retention, which has won praise from open government advocates, is in stark contrast to the actions of her predecessor.

Under Gov. Mike Easley, media requests for e-mail messages, which are public records under state law, typically turned up few, if any, documents. Easley entered office as e-mail was emerging as a favored form of communication and wireless devices with e-mail weren't common.

Debbie Crane, a public information officer fired by Easley after a series of articles in The News & Observer about the state's failed mental health reforms, disclosed in March 2008 that she had been instructed by her superiors to delete all e-mail messages to and from the Governor's Office each day, before a nightly computer backup.

Easley's office called Crane a liar. An internal investigation conducted by Easley's legal counsel, Reuben Young, found "no evidence" that any e-mail was deleted. Young is now Perdue's secretary of Crime Control and Public Safety.

The N&O, The Charlotte Observer and a coalition of media organizations sued Easley in 2008 over the destruction of e-mail. The lawsuit continued after Easley left office; in a deposition made public last month, his press secretary, Renee Hoffman, confirmed Crane's account under oath. Others from the press office disputed Hoffman's recollection.

Hugh Stevens, an attorney who represents The N&O and president of the N.C. Open Government Coalition, said time will tell whether Perdue's administration lives up to her pledges of greater transparency.

"The proof really in the long run will be in the culture she creates and the behavior of her subordinates and the people she appoints to head Cabinet agencies," Stevens said.

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Exceptions to the order

Last July, Gov. Bev Perdue signed an executive order declaring that all e-mail messages on state accounts were public records and barring employees from deleting them before they could be archived. But state agencies outside Perdue's control are not subject to her order. They are:

N.C. Department of Public Instruction

N.C. Department of Labor

N.C. Department of Justice

Office of the State Treasurer

Office of the Secretary of State

Office of the Lt. Governor

N.C. Department of Insurance

Office of the State Auditor

N.C. Department of Agriculture

Sunshine Week: Your Right to Know

This is Sunshine Week, when journalists, librarians, lawyers, educators and other advocates of open government highlight the value of freedom of information. Here's a recap of our coverage, and a look at what's ahead. To catch up, go to newsobserver.com and search for Sunshine2010:

Sunday: What stays hidden can be dangerous.

Monday: Politically connected hires get obscured, too.

Tuesday: Just how big was that raise?

Wednesday: Sunshine advocate pushes activism.

Today: E-mail retention starts slowly.

Friday: Key legislators propose reform.

Saturday: Keeping a tight lid at Raleigh Police Department.

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