Connecticut’s Freedom of Information Commission has held that an exchange of e-mail correspondence among a quorum of members of a board or agency can constitute a “meeting” for the purposes of the state’s Freedom of Information Act. Emerick v. Ethics Comm’n, Town of Glastonbury, No. FIC 2004-406
Agencies are permitted to delete e-mail messages at will if they are “transitory” in nature, meaning “non-record material such as junk mail, publications, notices, reviews, announcements, employee activities, routine business activities, casual and routine communications similar to telephone conversations.” E-mail communications that are not transitory but are “less than permanent” are treated the same as their paper equivalent for retention purposes. “Permanent or archival” e-mail messages, such as those documenting state policies or processes, may be deleted only after transfer to paper or microfilm.