Text Messaging Policy Template for Local Government
Most local governments started texting before they had a policy about texting. A department got a texting tool, elected officials began texting each other about agenda items, code enforcement started texting property owners, and somewhere along the way a records request arrived asking for text messages nobody had preserved. The fix is not to ban texting, which does not work, but to adopt a written policy that channels public business onto systems the government can capture, search, and produce. What follows is a model policy with numbered sections a clerk can adapt, plus the legal framework each section answers to. State law varies substantially, so confirm the specifics with your own counsel and your state archives or records board before adoption.
The Legal Framework Behind the Policy
Every section of the model policy below exists because of a specific legal duty. Understanding which duty drives which section makes local adaptation much easier.
- Public records acts. The federal Freedom of Information Act reaches only federal agencies, but it is the model on which state analogues are built, and every state has its own public records or sunshine law that governs local bodies. These statutes generally define a record by its content and function rather than by its medium, which is why a text about public business is a record in the same way a letter is. State laws differ on exemptions, response deadlines, fees, and the treatment of personal devices, so readers must check their own state's act.
- Open meetings acts. State open meetings laws prohibit deliberation outside a properly noticed public meeting. Group texts among members of a governing body create the classic serial meeting or walking quorum problem: a chain of one-to-one or small-group messages that assembles a majority position without a public meeting ever occurring. Many states treat this as a violation regardless of whether the members were ever in a room together.
- Records retention schedules. How long a record must be kept is generally set by a state archives agency, a state records board, or a local records commission through published retention schedules, not by the agency's own preference. Text messages are scheduled by their content, so a text about a permit follows the permit series and a text about a contract follows the contract series.
- Federal guidance as a reference model. The National Archives and Records Administration (NARA) has issued guidance for federal agencies on managing electronic messaging, including text messages and messages sent through non-official accounts. Local governments are not bound by it, but it is a well-developed reference model for capture-at-creation approaches.
- E-discovery and preservation. The Federal Rules of Civil Procedure govern discovery in federal litigation. Rule 34 makes electronically stored information subject to production requests, and Rule 37(e) sets out the consequences when a party fails to take reasonable steps to preserve electronically stored information that should have been preserved. State procedural rules commonly mirror both. Together they mean text messages are discoverable and that litigation hold duties attach once litigation is reasonably anticipated, which suspends normal destruction.
- First Amendment. When a government operates a communication channel that invites constituent participation, blocking constituents or deleting their messages based on viewpoint raises serious constitutional problems. Courts have repeatedly addressed this in the social media context, and the reasoning extends to any government-operated interactive channel. Content-neutral rules against threats, obscenity, and off-topic spam are on much safer ground than viewpoint-based moderation.
- Americans with Disabilities Act, Title II. Title II requires public entities to ensure effective communication with people with disabilities, including auxiliary aids and services where needed. Texting can advance that duty for people who are deaf or hard of hearing, and it can undermine it if messages depend on inaccessible attachments or on links to pages that fail accessibility standards.
- TCPA. The Telephone Consumer Protection Act governs calls and texts to mobile numbers and generally requires prior express consent, with an exception for communications made for emergency purposes. The FCC has addressed how that exception applies to messages sent for emergency purposes. Public safety alerts and routine service notices sit in different places under this framework, so the policy should separate them.
Model Policy: Text Messaging and Electronic Messaging
Section 1. Purpose and Scope
1.1 This policy governs the use of text messaging and other electronic messaging by officials, employees, and volunteers of [ENTITY] in the conduct of public business.
1.2 The purpose of this policy is to require that messages concerning public business are captured, retained, and produced in accordance with applicable public records and retention law; to prevent deliberation outside of properly noticed public meetings; to protect the security and privacy of information; and to ensure communications are accessible to all residents.
1.3 This policy applies to all messages concerning public business regardless of the device or account used to send or receive them.
Section 2. Definitions
2.1 Electronic message means a message transmitted by text message, multimedia message, or messaging application, including one-to-one and group messages.
2.2 Public business means any matter within the authority, operations, deliberations, or decisions of [ENTITY].
2.3 Approved platform means a messaging system designated in Section 3 that captures and retains messages in a searchable form under the control of [ENTITY].
2.4 Records custodian means the [CITY CLERK / RECORDS OFFICER] or designee.
2.5 Record has the meaning given by [STATE PUBLIC RECORDS ACT CITATION] and is determined by content and function, not by medium or device.
Section 3. Approved Platforms and Prohibited Channels
3.1 Public business conducted by electronic message shall be conducted only on an approved platform designated by the records custodian.
3.2 Officials and employees shall not use personal devices, personal phone numbers, or personal messaging accounts to conduct public business, except as permitted in Section 3.4.
3.3 Messaging applications that delete messages automatically, encrypt messages in a manner that prevents retention by [ENTITY], or otherwise prevent capture and production are prohibited for public business.
3.4 If public business is conducted on a non-approved channel because of an emergency or inadvertence, the sender shall forward or otherwise transfer the message to the approved platform or to the records custodian within [FIVE] business days, and shall not delete the original before doing so.
Section 4. Capture and Retention
4.1 Messages concerning public business are records and shall be retained for the period specified in the applicable retention schedule adopted by [STATE ARCHIVES / STATE RECORDS BOARD].
4.2 Retention is determined by the content of the message. A message concerning a subject covered by an existing records series shall be retained for the period assigned to that series.
4.3 No official or employee shall delete, alter, or conceal a message concerning public business except in accordance with an approved retention schedule.
4.4 Upon notice that litigation, a claim, an investigation, or an audit is pending or reasonably anticipated, the records custodian shall issue a litigation hold suspending all destruction of potentially relevant messages until the hold is lifted in writing. Detailed guidance on schedules and holds appears in our reference on SMS records retention requirements.
Section 5. Requests for Records
5.1 Requests for text messages shall be processed under [STATE PUBLIC RECORDS ACT CITATION] on the same terms as requests for any other record.
5.2 Officials and employees shall cooperate fully in searching for responsive messages, including messages on personal devices if public business was conducted there, and shall certify the completeness of their search.
5.3 Exemptions shall be applied and redactions logged by the records custodian, not by the individual custodian of the device. Background on how these requests are analyzed is available in our explainer on whether government texts are public records.
Section 6. Open Meetings: Prohibition on Deliberation by Text
6.1 Members of a governing body or of any board, commission, or committee subject to [STATE OPEN MEETINGS ACT CITATION] shall not use electronic messages to deliberate, discuss, or reach agreement on any matter within that body's jurisdiction.
6.2 The prohibition includes serial one-to-one messages and small-group messages that, taken together, involve a quorum, commonly described as a serial meeting or walking quorum.
6.3 Purely administrative messages, such as confirming attendance, scheduling, or acknowledging receipt of materials, are permitted provided they contain no substantive discussion.
6.4 Members shall not send or respond to substantive messages during a public meeting.
Section 7. Resident Opt-In and Consent
7.1 Residents shall be enrolled in outbound message programs only after affirmative opt-in, except for messages sent for emergency purposes as permitted under applicable law.
7.2 Enrollment disclosures shall identify [ENTITY], describe the message program and its expected frequency, state that message and data rates may apply, and explain how to opt out.
7.3 Opt-out requests, including replies of STOP, shall be honored promptly and confirmed. Emergency alert programs and non-emergency notification programs shall maintain separate consent and opt-out records.
7.4 Resident phone numbers collected for messaging shall not be sold, shared for marketing, or used for any purpose other than the program disclosed at enrollment.
Section 8. Content Standards
8.1 Messages shall be professional, accurate, and limited to public business.
8.2 Messages shall not be used for political campaign activity, personal business, solicitation, or endorsement.
8.3 Messages shall not contain confidential, protected, or exempt information unless sent through a channel approved for that category of information and to a verified recipient.
8.4 Where [ENTITY] operates a two-way or interactive channel, inbound messages from residents shall not be blocked, deleted, or moderated on the basis of viewpoint. Content-neutral restrictions on threats, obscenity, unlawful content, and messages unrelated to the channel's subject may be applied uniformly and shall be published in advance.
Section 9. Accessibility and Language Access
9.1 Consistent with Title II of the Americans with Disabilities Act, [ENTITY] shall take reasonable steps so that messaging supports effective communication with people with disabilities.
9.2 Messages shall use plain language, avoid reliance on images to convey essential information, and link only to pages that meet [ENTITY]'s accessibility standard.
9.3 Messages of general public importance shall be available in the languages required by [ENTITY]'s language access plan.
Section 10. Security and Access Control
10.1 Access to approved platforms shall be limited to authorized users, granted by role, and revoked promptly upon separation or change of duties.
10.2 Multi-factor authentication shall be required for all platform accounts.
10.3 Access and sending activity shall be logged and reviewable by the records custodian.
10.4 Suspected compromise of an account or unauthorized disclosure shall be reported to [IT DIRECTOR] immediately and handled under [ENTITY]'s incident response procedure.
Section 11. Training
11.1 All officials, employees, and volunteers who send messages concerning public business shall complete training on this policy before being granted platform access and annually thereafter.
11.2 Training shall cover public records duties, retention and litigation holds, the open meetings prohibition, consent and opt-out handling, accessibility, and security practices.
11.3 Newly elected or appointed officials shall receive this training as part of orientation.
Section 12. Roles and Responsibilities
| Role | Responsibility |
|---|---|
| Governing body | Adopts and reviews this policy; complies with Section 6 |
| Records custodian | Designates approved platforms; processes records requests; issues litigation holds; maintains logs |
| Department heads | Enforce the policy within their departments; approve user access requests |
| IT director | Configures retention and security controls; manages accounts and incident response |
| Legal counsel | Advises on exemptions, holds, open meetings questions, and policy updates |
| All users | Use approved platforms only; preserve messages; cooperate in searches |
Section 13. Compliance and Review
13.1 Violations of this policy may result in disciplinary action under [ENTITY]'s personnel rules and, for elected officials, referral under applicable ethics or censure procedures.
13.2 The records custodian shall review this policy at least annually and after any material change in state law, retention schedules, or platform capabilities, and shall recommend amendments to the governing body.
Adoption Checklist
| Step | Owner | Before adoption |
|---|---|---|
| Insert state public records act and open meetings act citations | Legal counsel | Required |
| Confirm applicable retention schedule with state archives or records board | Records custodian | Required |
| Designate approved platform and verify it retains messages in searchable form | Records custodian and IT | Required |
| Inventory existing texting tools in use across departments | IT director | Required |
| Draft enrollment disclosure language for resident programs | Communications | Required |
| Confirm language access requirements and accessibility standard | ADA and language access coordinator | Required |
| Build training module and orientation materials | Human resources | Before access grants |
| Set litigation hold procedure and notification path | Legal counsel and records custodian | Before adoption |
| Publish content-neutral moderation rules for interactive channels | Communications | Before channel launch |
| Calendar annual policy review | Clerk | At adoption |
Frequently Asked Questions
Can a local government simply ban officials from texting?
A ban is easy to adopt and nearly impossible to enforce, because texting is how people communicate and officials will do it anyway, often on personal phones the government cannot search. The far more durable approach is channeling: designate an approved platform that captures and retains messages automatically, prohibit public business on personal accounts, and provide a short remediation path for the times someone slips. Policies that acknowledge how people actually behave produce better records outcomes than policies that pretend otherwise.
Does this policy cover texts sent from an official's personal phone?
Yes, and it should. Public records laws generally define a record by content and function rather than by the device it lives on, and courts in a number of states have held that public business conducted on personal devices remains subject to disclosure. Section 3 of the model policy prohibits using personal accounts for public business, and Section 3.4 requires prompt transfer to the approved platform when it happens anyway. Section 5.2 requires officials to search their personal devices when responding to requests. State treatment varies, so confirm with counsel.
How does a group text violate an open meetings act?
Open meetings laws require that a governing body's deliberations happen in a properly noticed public meeting. A group text among enough members to constitute a quorum can amount to a meeting held in private. Even without a group thread, a chain of one-to-one messages that circulates a position and gathers agreement can constitute a serial meeting or walking quorum, which many states treat as a violation. The safe line is administrative logistics only: scheduling and acknowledgment yes, substantive discussion no.
How long must government text messages be kept?
Retention is set by the schedules adopted by your state archives, state records board, or local records commission, and it is driven by the content of the message rather than by the fact that it is a text. A text about a zoning application follows the zoning series; a text about a contract follows the contract series. Retention periods therefore range widely, and some content is permanent. A litigation hold overrides any schedule and suspends destruction until it is lifted.
Can a city block a resident who sends abusive texts to an official channel?
Blocking on an interactive government channel raises First Amendment concerns, and courts have found viewpoint-based blocking unconstitutional in the analogous social media context. What generally survives scrutiny are content-neutral, uniformly applied, publicly posted rules addressing true threats, obscenity, unlawful content, and messages unrelated to the channel's subject, applied to the conduct rather than the opinion. Document each action, apply the same rule to everyone, and involve counsel before restricting any individual's access.
Adopt the Policy, Then Give It a Platform
A messaging policy only works if the underlying system can actually capture, search, and produce what the policy promises. FRANSiS gives cities, counties, and agencies a government texting platform with message logging, exportable transcripts for records requests, role-based access, opt-in and opt-out records, and an AI Powered Helper handling routine resident questions. See our government solutions or Contact us to align your platform with your policy.
