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Home My WebLink About4.c. Receive presentation from 2019 California Assocation of Santitation Agencies (CASA) Conference Regarding Emails Page 1 of 41 Item 4.c. ,orVIOIN SAN December 17, 2019 TO: ADMINISTRATION COMMITTEE FROM: KENTALM, DISTRICT COUNSEL SUBJECT: RECEIVE PRESENTATION FROM 2019 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CONFERENCE REGARDING EMAI LS At the September 12, 2019 Administration Committee meeting it was requested District Counsel review and discuss the presentation "What Not To Email" that was presented at the California Association of Sanitation Agencies (CASA) Conference in August 2019. District Counsel Kent Alm will review and discuss the attached presentation during the meeting. ATTACHMENTS: 1. Presentation December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 71 of 113 �Y ~ oil �' ti y A F ' '1 •— � ice^ •.i,��• � i`.^rr f �.tiL .��" +�w=ram �:� tit IL _r - - .41NwL=WHAT * NOT * TO EMAIL December 1 • Special ADMIN Committee • Agenda Packet- '.•- 72 of GoaIs o this Trainingf • Effective communication • Risk mitigation December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 73 of 113 A long time ago in a galaxy far , far away. . . . .` ■ T ir r a 1 IN qd ` i �•�` - - L%: ti L%L •,R. _ 9w Am wr ` di F 6. •r 0 Y • ice• �•�'' � _ December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 76 of 113 a 1 ` Or 'f r+ J ■ ��rT r• , •er. i Tr 4 � F L -J L 1 a ' December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 77 of 113 7 4y y e AIP r � � IL 40 Or I December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- T rt • J I r � �• J 1 1 � ■ - r 1 I - y F - �� L _ ■ I c p cial ADMINTommit Meeting Agenda Packet- Page 79 of 113 r " r: ' �+ ►. ,�A I- k Ow IV, qIk December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 80 of 113 wv • And then . . . December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 81 of 113 — —M &LLbm mangy ri i![ _ Ctr Or .�� + ■ice An s f �' •' 1 • •' • • •' •. ' '.•' i • �1 5 1 S 1 L ILL X ING Killing genuine human interaction two thumbs at a time . \a/ NCOUV3 Led PhOtOs_-Corrti People Love Email . Why? • Easy to send • Cheap • Permanent • Reproducible • Timeless • Searchable • Other December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 84 of 113 Your Records Manager Hates Email . Why? • Expensive to maintain • Expensive to search • Hard to capture precise universe of documents for PRA responses : — over- and under-inclusiveness • Hard to review for exempt material December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 85 of 113 Plaintiffs' Lawyers and Journalists Love Email , Why? • People say the darnedest things ! • Can peer inside of decision-making processes • Authors forget that they are "on camera" • Permanent record • Infinitely reproducible • Searchable December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 86 of 113 Defense Lawyers Hate Email . Why? * • People say the darnedest things ! • Can peer inside of decision-making processes • Authors forget that they are "on camera" • Permanent record • Infinitely reproducible • Searchable • Time consuming to review for and redact exempt material *SO? e �� idia email. a i I., � � � � mWM9d�a �� Pgb r 9 8 � , Recipients Hate Email . Why? • Creates an obligation to review and respond, despite other priorities • Must be managed/filed/deleted/doc'd • Must be searched in the event of a PRA request, subpoena, or lawsuit • Spam • No automatic discernment of high-priority from low priority • Interrupts focused work. Ding ! December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 88 of 113 Who Else Hates Email ? December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 89 of 113 i Re: i2 LIM Hil l:ii;+I l,fo ?tl - Donald T +�ra i - !tov@ It. T[#�1t115SCA December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 90 of 113 5CANQAi. � sY or�v,o son �'�, 6RFHLF 4 aE]vioeasly very h� Jtra sensitive Hillary Clinton still has an email problem and denial w on t male it go away ■ 2g DOYLE wGM6LMU5 MAY 25.213L5 I BI:5L PM I 6LSH•„G'. 3 vemo-_ralic prfs;Jeitiai rardidate Hilary t - _-__ __ 4o in Donald Trump isn't the only presidential candidate;,�-ith credibility-problems. The State Department's inspector general delivered his report on Hillary Qintou's emails on Wednesdan-— and it wasn't good news fear the presumptive Democratic candidate. in spare bureaucraticlanguage,the impector general,an Obama appointee;said the former =_ecretary of State clearly.violated State Department policies when she insisted on using a personal e-mail server instead of the over~: ant's email s�-_`_ December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 91 of 113 Eails reveal Bitter Silicon Valley Fight Animosity between Frank Quattrone and Meg Whitman on display -f Frank Quattrone is a major Silicon Valley matchmaker. PHOTO:JOHN MARSHALL MANTEL/ZUMA PRESS ByLiz Ho,f j5nan andMaureen Farrell it 59 COMMENTS June 19,2016 6:58 p.m.ET Animosity between Silicon Valley heavyweights Meg Whitman and Frank Quattrone is on stark display in recently released court papers that provide a rare behind-the-scenes look at the cutthroat world of technology takeovers. Simmering tension between Ms.Whitman,now the chief executive of Hewlett Packard Enterprise Co. HFIE-0.95%Ir ,and Mr.Quattrone, one of Silicon Valley's top investment bankers,erupted over Hewlett December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 92 of 113 ® �111W 'Raw Naw Naw ' EXCLUSIVE Emails reveal de Blasi bullies ' his staffers By Michael Garland August S,2017 17.59pm I Updated r 4 ti Mayor Bill de Blasio is an imperious bully of a boss MORE ON- who threatens his underlings with dire punishment if BILL DE BLASIO they fail to meet his demands,emails obtained by De B las io'dee ply d istur bed' The Post reveal. alv��er B ra zi le`s'rigged' December 17, 201 Aipechl ADMIN Committee Meeting Xcjqp& �I ` '�a j 3 �Sys to follow a direct order? ❑o you need to experience consequences?" ' BILL O'REILLTS LAWYERS ACCIDENTALLY FORWARDED STRATEGY EMAILS TO A POLITICO MEDIA REPORTER BY MIRREN GIDDA ON 4/21117 AT 9:17 AM f +k Bill O'Reilly on the set of his show"The O'Reilly Factor"in New York un March 17, 2095. BRENDAN MCDERMIDIREUTERS December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 94 of 113 +T INVESTIGATIONS Leaked m it h r how Milo ye n n p u I worked with Stephen Bannon, to transform Breitbart Odch:ff6.2W Before be-corn i ng White House ah i of strateg i st, Ste phen Bannon ran grertbcirtt a website he said he wanted to be ~the p Iatfo rm for th a alt-right" Doau me nts a nd a rna ils o Mai n ed by PuzzFeed News s how h ow Brertbores ti fa rm er tech ed ito r, rig ht-using provocate ur MI I o Ylannopoulos, worked with white nationalists to define "a It-right' a nd set greftbart on its au rre rrt co u rse. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 95 of 113 HBO Hack: Insiders Fear - Leaked Ernails as FBI Joins Investigation - 530 AM PST 8l212017 by Tat+ana Siegel U coo - ~ r• A ■ w • w B Ij Cl The company is reeling from a sophisticated cyberattack that potentially compromised seven times the amount of data stolen in the Sony hack as the FBI ir investigates potential culprits. On July 27,Richard Plepler's worst corporate nightmare unfolded.The HBO CEO learned that his company's network had been breached by an apparently coordinated cyberattack that experts explained could expose a staggering 1.5 terabytes of data.That would be roughly seven times the size of the epic 2G14 hack of Sony Pictures. The attack was sophisticated,insiders tell The Nol�vwood Reporter,targeting specific content and data housed in different locatrons,suggesting multip pl te poiin,.tgs of entry.Even more chilling,there no ansom�eman�say Sources,Iendat�,t- F'8est 9�p ajs- the specter that December 17, 2019 Special ADIN �ommittee eetin�q g g -I video footage,internal documen s or eve-i email correspondence could be leaked. First Principles : What is the purpose of communicating ? • To Be Understood • To Create A Change/Deliverable • To Assign A Task • To "Document" ? • To transmit associated documents December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 97 of 113 "There is nothing quite so useless, as doing with great efficiency, something that should not be done at all." — Peter F. Drucker December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 98 of 113 A ModestProposal : Email less . Talk more . December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 99 of 113 r • The California Public Records Act ( CPRA) Grants the public the right to access all "PUBLIC RECORDS" December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 100 of 113 Q ■ �sr.fir,•- a •_ aPUBLIC RECORD is "ANY WRITING containing information relating to the conduct of the" public entity "REGARDLESS OF PHYSICAL FORM OR CHARACTERISTICS." If a "record is kept by [a public employee or entity or on its server] because it is necessary OR CONVENIENT to the discharge of his [or her] official duty, it is a public record " CPRA embodies A STRONG POLICY IN FAVOR OF DISCLOSURE of public records. As does the California Constitution. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 101 of 113 Diminished Expectation of Privacy • DIMINISHED expectation of privacy • All work is on behalf of the public and paid for by the public • Exemptions are only for compelling countervailing public policy concerns • Exemptions are narrowly construed December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 102 of 113 may- -f,V Therefore most documents are public . December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 103 of 113 -M- t- 40 Therefore . . . December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 104 of 113 '49 Watch what y say. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 105 of 113 • When NOT To Use Email December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 106 of 113 DoNot Use Email for • Sensitive Material (such as legal strategy) • Complaints or insults* about — Agency employees or their work — Other public entity partners or their employees — Contractors • Resending unanswered email • Urgent matters • Bad news • Building relationships • If you are Emotional/Tired • "Documenting" oral agreements (exceptions apply) *Legitimate employment-related complaints should be handled by supervisors/HR and according to the employee handbook. This is not intended to imP 9&7,4R9gp i ,AI?X,(NA'Mi�tW4t5t;�QaQerrgoO Waj,pro�gnt grievances. A Note on Humor You think sofunny don 't you ? you' re 044 Let's ask the jury, December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 108 of 113 The Unmentionables 0 Do Not Email • Jokes (with a few exceptions) • Sarcasm/Snark • Profanity • Sensitive personal information (about yourself or anyone else) • Non-District business • Emojis • Texting slang, such as - OMG - LO L - WTF • Emphatic exclamation marks December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 109 of 113 A Note on Attorney-Client Privilege • Copying legal counsel on an email does not automatically protect the correspondence • The Attorney Work Product Doctrine is only for attorney-created documents • The BMP for keeping Attorney-Client communications privileged is — 1. Send an email seeking Leal Advice or referencing a previous request for legal advice — 2. Address the email to the attorney December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 110 of 113 r • Tips for Success • Priority of communications • In person • On phone • Email • Lette r • Less is more • Print and read before hitting send • Imagine it on a movie screen in front of a jury • Send during business hours • No "unmentionables" Request legal advice directly and clearly December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 111 of 113