Two residents of Colton, California have filed a lawsuit against the city, accusing it of withholding e-mail records.
Part of the issue is that the city allows employees to decide on their own which of their e-mails should be categorized as “work product”. If an e-mail is determined by an employee not to fall in that description, it can be deleted in 30 days.
The problem here is that there seems to be no independent way for the city to determine which e-mails to retain. Leaving it up to employees leaves too much room for abuse.