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Text Messaging Complicates Public Records Laws

Worcester, Mass., City Council forbids texting among councilors during public meetings, prompted by a citizen complaint.

Text messaging could be complicating the rules of open government. Citizen Stephen P. Quist of Worcester, Mass., recently saw what he believed were two city councilors texting each other during a council meeting while he was presenting.

"The discussion should be on the [council] floor, not behind a keypad. If it is on the keypad ... that should be readily available," Quist said, according to Telegram.com.

The council members denied Quist's accusation on the spot.

"He just had this feeling when he brought his item up one night and saw councilors' thumbs going that they must have been texting about him," said David Moore, city solicitor of Worcester, who later added, "They might have been texting other people or checking a sports score."

Nevertheless, Quist filed a public records request with the city, and a petition seeking a rule forcing councilors to turn off cell phones and other electronic devices during meetings. The city rejected the petition, but the council's rules committee created a rule prohibiting council members from texting each other during meetings when five or more of them were present. A gathering of fewer than five council members wouldn't legally constitute a public meeting.

"Once you hit that number, it has to be open to the public and advertised two days in advance," Moore explained.

This minor controversy seems to highlight the implications text messaging has for public records laws. Many governments have regulations for e-mailing and instant messaging. But few have addressed government business conducted in text messages, according to Telegram.com. The Web site does list exceptions. Charlton, Mass., has possibly the most comprehensive communications policy in the area, according to Telegram.com. The municipality blocked texting from town-issued cell phones, with the exception of the police chief and lieutenant.

Andy Opsahl is a former staff writer and features editor for Government Technology magazine.