Complaint Filed withTravis County DA

In the earlier post, Liar, Liar, I stated that I believe the email destruction policy of the Rick Perry violates the Texas archiving statute. The requirements to archive public information is in Texas Code 441. The administrative rules on the minimum requirements for the archiving are found in chapter 13 of the Texas Adminstrative Code. The public access to this public information is found in the Public Information Act within Texas Code 552.

Yesterday, I commited these allegations to paper and filed a criminal complaint with the Travis County DA. The complaint can be found here and the attached exhibit can be found here.

The allegation is straight forward:

• Electronic state records must be retained in electronic form,
• E-mail records in particular must retain the email addresses, and
• The current, process of printing emails out as hard copy and filing the resulting paper violates these minimum requirements.

The failure of the Records Management Officer of the Office of the Governor of Texas to archive electronic state records is a matter independent of an separate from any public information request to see those email records.

When I get a reply from the office of the Travis County DA I will post it here.