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Asked about deletion of e-mail messages, Vanore provided a records retention policy for the governor's press office dated Nov. 12, 2001, and signed by Easley and Department of Cultural Resources Secretary Lisbeth C. Evans, along with other administration officials. That policy, one of many that outline records retention rules for state agencies, affirms that e-mail is public record, but says messages may be deleted when their "reference or administrative value" ends.

"E-mail of ephemeral or rapidly diminishing value may be erased or destroyed when the user has determined that its reference value has ended," the policy states.

According to Vanore, that means the governor's staff members have authority from the secretary of cultural resources, who is appointed by Easley, to delete e-mail messages immediately after they are sent or received if the employee determines the messages are no longer needed.

"They do have a record retention policy that specifically, lawfully, allows them to delete any e-mails that they feel has no further administrative value," Vanore said. "I assume they're doing things in the right way, as they should do. I assume public officials or other state employees are following the law. I always strive to do that."

Asked whether this policy adheres to the state's public records law, Attorney General Roy Cooper declined to comment through a spokeswoman Tuesday, citing the possibility that there may be litigation on the issue. The News & Observer's lawyer, in a March 4 letter to the governor's office, asked that all e-mail messages be preserved and stated the newspaper's intent to pursue legal remedies if they are not.

"This is an area where litigation has been threatened," said Noelle Talley, Cooper's spokeswoman. "It would be inappropriate for the attorney general to respond."

The N&O filed a public records request March 6 asking for e-mail messages sent or received by the governor and seven members of his staff. Late Tuesday, the newspaper received a box containing printouts of what appeared to be hundreds of e-mail messages.

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