When a crisis unfolds, the public looks to its leaders for guidance and support. In the case of the Pacific Palisades fire on January 7th, Los Angeles Mayor Karen Bass was thousands of miles away on a diplomatic mission to Africa. As the flames raged on, Bass was in transit for nearly 24 hours to return home, leaving many to wonder about her ability to respond effectively to the unfolding disaster.
Upon her return, questions arose about the nature of her communication during that critical period. It was revealed that Mayor Bass does not save text messages on her phone, leaving her interactions during the crisis untraceable. This revelation sparked controversy, as the city’s own document retention policies stipulate that most records should be preserved for at least two years. Under state law, any communication related to government business is considered a public record, raising concerns about transparency and accountability.
The Los Angeles Administrative Code Section 12.3(b)(6) mandates that most records should be retained for a minimum of two years, unless otherwise specified by law. However, Mayor Bass’s lawyer, David Michaelson, argued that this provision does not apply to text messages, citing an outdated state attorney general opinion from 1981. He contended that texts are ephemeral forms of communication, not intended for long-term reference, thus exempt from retention requirements.
Legal experts, including First Amendment Coalition Legal Director David Loy and attorney Kelly Aviles, challenged Michaelson’s interpretation, asserting that the content of the communication, rather than the medium, determines its status as a public record. They emphasized the importance of preserving all communications related to government business, regardless of the platform used.
In response to public records requests, other officials and agencies involved in the fire response have released extensive documentation, highlighting the importance of transparency and accountability in times of crisis. Mayor Bass’s absence during the fire outbreak, coupled with the lack of preserved text messages, has raised concerns about her ability to effectively lead in emergency situations.
As the debate over text message retention continues, it is clear that the public expects elected officials to uphold the highest standards of transparency and accountability. The case of Mayor Bass serves as a reminder of the importance of preserving all forms of communication related to government business, ensuring that the public’s trust is maintained.
Expert Insights on Text Message Retention
Legal experts have weighed in on the controversy surrounding Mayor Bass’s text message deletion policy, emphasizing the need for transparency and accountability in government communication. First Amendment Coalition Legal Director David Loy stated that the content of the communication, rather than the method used, determines its status as a public record. He stressed the importance of preserving all communications related to government business to uphold public trust.
Attorney Kelly Aviles echoed Loy’s sentiments, highlighting the flawed logic behind Mayor Bass’s decision to delete text messages. Aviles emphasized that officials cannot cherry-pick which communications to retain based on personal preferences, as all government-related interactions should be preserved for public scrutiny. The debate over text message retention underscores the broader issue of transparency in governance.
Public Expectations and Government Accountability
The public holds elected officials to high standards of transparency and accountability, especially in times of crisis. Mayor Bass’s decision to delete text messages during the Pacific Palisades fire has raised questions about her ability to lead effectively in emergency situations. As government communication increasingly relies on digital platforms, the need for clear policies on record retention becomes paramount.
In an age where information is easily disseminated and scrutinized, public officials must adhere to stringent record-keeping practices to maintain public trust. The case of Mayor Bass serves as a cautionary tale for leaders at all levels of government, highlighting the importance of preserving all forms of communication related to official duties. As the debate over text message retention continues, the public’s expectation of transparency and accountability remains steadfast.
