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Post being replied to

Correct. by Domer84

Each state has record retention laws. Different time periods apply depending on the record. For example, business filings in most states are kept forever. States have learned, however, that emails should have a shorter shelf life. The article notes that Wisconsin keeps them for 6 months. Tennesse keeps them for 3 months. We may think that "surely these emails still exist somewhere" but that is, usually, irrelevant. If the retention policy says that they are only kept for X time then they are "gone" thereafter for FOIA purposes. At least that is the way that cases I have read have been decided.

I have seen emails related to possible litigation shielded from disclosure as attorney/client matters. I don't believe, however, that you can use a third-party platform to discuss state business with the specific intent to shield those communications. If you could, everyone would do it.