Newburyport City Hall

Language in City Emails Raises Questions About Communication and Transparency

If you’ve ever received documents, letters or emails from public officials, you may have noticed a disclaimer at the bottom of them. I say “may” because much of the correspondence is generic or harmless formality. For all I know, there may be more states and municipalities that don’t bother with them than those that do.

Lately I’ve been trying to make sense out of the workings of Newburyport City Hall, which is a bit like trying to make sense out of Donald Trump’s discursive tangents on windmills, wildfires, magnets, kickbacks, Hannibal Lecter, sharks and batteries, Gary Player’s trophy wives, and whatever else pops into his tilt-a-whirl mind.

You may have noticed results of my efforts in recent Townie posts, and there may be more to come. So, be warned!

But I myself discurse. Back to my real purpose here: to call your attention to disclaimers in hopes you’ll not be unduly discouraged by any that come your way. If you’re unlucky, you’ll feel the chill of something like this:

This communication from the City of Newburyport is intended only for the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  If you received this e-mail in error, please notify the sender immediately and destroy this e-mail and all copies of it.  Thank you.

Gotta admit: that “thank you” is a nice touch!

If you’re lucky, a disclaimer will clearly confirm your First Amendment rights, like this:

The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its implementing regulations.

Now, what if you come face to face with both at the same time, as you will here in Newburyport, where every email sent from City Hall sports both?

Some say yes, some say no, I say go-go-go—for the simple reason that state laws always supersede those of cities and towns.

The lesson here is quite simple: Don’t fall for the empty threats implied by “hereby notified” and “strictly prohibited.”

Still, I’ll admit it gave me pause as I sat there scrolling through emails sent to a friend from office holders, including the mayor, in City Hall. I started asking around, sending the contradictory disclaimers to folks who might, as lawyers like to say, give me “legal guidance.”

The consensus was that the Newburyport entry was there only to frighten those who might believe it, that it had no teeth. Eventually, an official in a nearby town offered a state document:

IMPORTANT NOTICE: The Secretary of State’s office has determined that most emails to and from municipal offices are public records. Consequently, confidentiality should not be expected.

I went ahead with an exposé using direct quotes from and timestamps on the emails. But, as always in this quaint tourist town that complains about traffic downtown after locating its train depot a mile from downtown on the Newbury border, there’s a twist:

On the very day I heard (indirectly) from the Secretary of State’s office, the mayor sent a memo to city employees telling them not to talk about City Hall business with city councilors. With admirable understatement, on March 24, the Daily News blared across the top of its front page:

Mayor’s memo has councilor asking questions 

Tempting to send the mayor a letter of thanks for proving my point before I make it. But now, when I do make it, it will seem like just another understatement. Such are the workings of Newburyport City Hall. And I’ve already told you what it is like trying to make sense of that.

Jack Garvey
Newbury resident

The Townie is actively seeking perspectives from the City Hall, to ensure all viewpoints are represented. If you’d like to contribute an op-ed on this issue, please email: info@townienbpt.com

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Comments

2 responses to “Language in City Emails Raises Questions About Communication and Transparency”

  1. Walt Thompson Avatar
    Walt Thompson

    Excellent.

    In the City Administration’s Disclaimer you cite:

    In the attached disclaimer, does the second paragraph argue against the first paragraph?

    Disclaimer

    This communication from the City of Newburyport is intended only for the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy this e-mail and all copies of it. Thank you.

    The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its implementing regulations.

    Control and power masking as governance plagues city hall.

    Immaturity and unprofessional behaviors draw scorn.

    Obfuscating words cannot hide ineptness.

    The classic government doublespeak paradox…where the first paragraph warns of strict confidentiality, and the second paragraph casually reminds everyone that the message is actually public record.

    Nothing screams professionalism like self-contradiction built right into official correspondence.

    This linguistic gymnastics perfectly illustrates the illusion of control…an attempt to sound authoritative while hedging against actual transparency.

    Imagine a City Hall Communication Guide, outlining recommended phrasing for public officials:

    ‘This message is highly confidential—unless, of course, you ask for it legally.’

    ‘Your concern is very important to us, which is why it will be ignored in an orderly fashion.’

    ‘Due to unforeseen circumstances (read: deliberate avoidance), we regret to inform you that accountability has been indefinitely postponed.’

    An Orwellian directive:
    “The first rule of municipal communication is that there are no rules. The second rule is that we will enforce them anyway—when convenient.”

    Remember in November!

  2. Newburyport GaaG Avatar
    Newburyport GaaG

    Hi Jack – the statements you quoted separately are both in the disclaimer on emails sent by city employees.

    This communication from the City of Newburyport is intended only for the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy this e-mail and all copies of it. Thank you.

    The Commonwealth of Massachusetts considers most electronic communications to and from public employees to be public records and disclosable under the Massachusetts Public Records Law and its implementing regulations.

    ~~~~~~~

    I’m not an attorney, but believe this is a pretty standard confidentiality disclaimer that attempts to set privacy expectations for information a receipient receives or contributes to an email thread. ~ Jean

    Privacy: By instructing unintended recipients to delete the email and notify the sender, the city is demonstrating its intent to safeguard sensitive data and limit liability in case of accidental disclosure. While such disclaimers may not always be legally binding, they serve as a practical measure to mitigate risks and show that the sender took reasonable steps to protect confidential information if a breach occurs.

    Public Record: Under Massachusetts law, most emails sent to or from public employees are considered public records. This means that even if the email seems private, it may still be subject to disclosure to anyone who asks for it under the Massachusetts Public Records Law.

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