Retention of texts between mayor, clerk at center of Basalt battle

From The Aspen Times: The town of Basalt is creating a policy on retention of texts regarding official business by elected officials and staff as a tempest swirls in some corners over exchanges between the mayor and town clerk during the April 5 election campaign.

Town Manager Mike Scanlon said Friday the town government will work on procedures for saving work-related texts “because it’s apparent we need one.” He said he will advise staff and elected members of the council to do business via email as often as possible. Emails are easier to archive, he said. He is working on ways that staff and elected officials can archive texts.

The direction came after the town couldn’t honor Basalt resident Mary Kenyon’s request for public information in texts. Kenyon filed a Colorado Open Records Act request seeking texts between Mayor Jacque Whitsitt and Town Clerk Pam Schilling between March 15 and April 12 — before, during and after the election. Both Schilling and Whitsitt deleted their texts prior to Kenyon’s request, according to Town Attorney Tom Smith.

Verizon Wireless told Smith the content of text messages is saved for three to five days after transmission, so it was unable to provide the content. Verizon provided a “time stamp” — essentially a log of the texts between Whitsitt and Schilling — during the time in question.

Kenyon said it showed there were 120 exchanges, including seven on election day. No law prohibits candidates from contacting the election clerk.

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