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City Council suspects e-mail snooping
Peduto legislation would require city lawyer's sign-off
Thursday, October 29, 2009

Some Pittsburgh City Council members think someone's peeking at their e-mails. Mayor Luke Ravenstahl's administration insists the alleged snooping is a figment of council's imagination.

That's the standoff that emerged yesterday from debate on legislation sponsored by Councilman William Peduto that would require the sign-off of the top city lawyer and Ethics Hearing Board chair before anyone could browse the e-mail in-box of an elected official or director.

"If there are people who are reading our e-mails ...," began Mr. Peduto.

"And you know there are," interrupted Councilwoman Tonya Payne.

"... They're going to be referred to the District Attorney" under the new policy, Mr. Peduto continued.

"We have not been reading their e-mails," said City Information Systems Director Howard Stern. "There have never been any requests to read or review any City Council member's e-mails that I'm aware of."

Several council members noted the conventional wisdom that no one should put anything in an e-mail that they don't want to see in the newspaper. Others conceded that, but noted that council and the mayor's office are separate branches of government, and one shouldn't have an electronic peephole into the other's business.

The new policy also would require that any time a city employee's e-mail was reviewed by another, it would be disclosed within a week.

"If Council President Shields is reading my e-mails, or if [mayoral Chief of Staff] Yarone Zober is reading my e-mails, I get to know that," said Councilman Patrick Dowd.

Mr. Zober said he hasn't, and doesn't, read council e-mails, other than those that are addressed to him or brought to him by their recipients. Mr. Shields called for a review of who has reviewed whose e-mail.

E-mails by public employees are public records, unless they fall within the dozens of exceptions in state and federal law. The city has released some e-mails upon request.

But not all council e-mails are public documents, Assistant City Solicitor Kate DeSimone told council. "An e-mail from one council member to another, particularly if it says what are you doing for lunch next Tuesday, is not a matter of public record."

Mr. Stern said that the city has the right to review employee e-mails, but respects privacy and involves the solicitor whenever an employee's e-mail account is accessed. When an employee's e-mail is read, it is almost always because they are the subject of a criminal investigation, he said.

Council delayed a tentative vote on the ordinance for one week.

Rich Lord can be reached at rlord@post-gazette.com or 412-263-1542.
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First published on October 29, 2009 at 12:00 am