Manitoba Stronger Together

Introduction

Modern municipal governance leaves a trail. Emails, text messages, messaging apps, shared documents, and digital calendars all create records — whether officials intend them to or not.

Many new councillors mistakenly believe that only formal documents or official emails are subject to record-keeping and disclosure rules. In reality, content matters more than platform. Messages related to municipal business are often considered official records regardless of where or how they are created.

This lesson explains why digital communications are treated as records, what obligations accompany them, and how officials can protect themselves through disciplined documentation practices.

1. Why Emails and Texts Are Official Records

In municipal governance, a record is defined by purpose, not format.

If a communication:

• Relates to municipal business

• Involves decision-making, advice, or direction

• Documents an action or understanding

…it is likely considered an official record.

This includes:

• Emails

• Text messages

• Messaging apps

• Draft documents

• Notes stored digitally

Officials often assume informality equals privacy. Legally, informality does not eliminate accountability.

Understanding this protects officials from accidental violations and ensures transparency obligations are met.

2. Retention, Access & Disclosure Obligations

Municipal records are subject to:

• Retention schedules

• Freedom of information requests

• Public disclosure requirements

Once created, records may need to be:

• Retained for a specific period

• Produced upon lawful request

• Reviewed during investigations or litigation

Deleting records prematurely — even unintentionally — can create serious legal risk.

Officials should understand:

• What records must be retained

• How long they must be kept

• Who is responsible for retention

“I didn’t know” is rarely an acceptable defence.

3. Personal Devices vs. Municipal Systems

Using personal phones or email accounts for municipal business is common — but risky.

When municipal business is conducted on personal devices:

• Messages may still be subject to disclosure

• Records may be harder to retrieve

• Privacy boundaries become blurred

Some officials assume personal devices offer protection from scrutiny. In reality, they often increase exposure.

Best practice includes:

• Using municipal email accounts for official business

• Avoiding substantive discussions via text

• Transferring records from personal devices when required

Clear separation protects both the official and the municipality.

4. Protecting Yourself Through Clear Documentation

Documentation is not bureaucracy — it is protection.

Clear, professional records:

• Preserve context

• Demonstrate intent

• Protect against misinterpretation

Officials should:

• Keep communications factual and respectful

• Avoid emotional or speculative language

• Confirm key understandings in writing

Good documentation ensures that if decisions are questioned later, the record reflects responsible governance rather than ambiguity.

Closing Reflection

Digital tools make governance faster — but also more exposed.

Officials who understand record-keeping obligations and manage digital footprints carefully are far less likely to face legal challenges, complaints, or reputational harm.

This lesson reinforces a central truth of public service in the digital age: write everything as if it may one day be read aloud.