Public entities increasingly rely on public websites, cloud-based document systems, and vendor managed platforms to conduct routine operations. While these tools improve efficiency, they also introduce governance considerations under state public records laws that are often overlooked.

This page is intended for public entity boards, including boards of fire commissioners, municipal boards, special district boards, clerks, and senior administrators seeking clarity on how digital systems intersect with public records obligations.

Why Boards Are Paying Attention to This Now

Across the United States, courts and oversight bodies have consistently reinforced a core principle of public records law:

Public records obligations are determined by possession and technical accessibility of information, not by intent to publish.

As a result, materials stored within or connected to public-facing systems (such as websites, content management systems, or shared cloud folders) may fall within disclosure scope even when they were not intended for public release.

For many public entities, these systems were configured years ago, have evolved through vendor or personnel changes, or rely on informal processes rather than documented governance review.

Common Questions Boards Are Asking

Boards we work with frequently raise questions such as:

• Which digital systems are technically connected to our public website?

• Is there a clear distinction between what is intended to be public and what is technically accessible?

• Has the board ever formally reviewed or documented oversight of digital record classification?

• Would we be prepared to respond confidently to a public records request involving digital systems?

These are governance questions, not technical ones, and they are increasingly being raised by boards across public entities.

What This Advisory Is — and Is Not

This advisory is:

• A governance awareness resource for public entity boards

• Focused on oversight, documentation, and clarity

• Intended to support informed board discussion

This advisory is not:

• A diagnosis of any specific issue

• A legal opinion or compliance determination

• A critique of staff, vendors, or prior decisions

Many boards engage with this topic simply to ensure they can demonstrate appropriate oversight if questions arise in the future.

Governance Considerations for Public Entity Boards

While boards are not expected to manage technology, they are generally responsible for:

• Establishing oversight of how records are classified as public vs. non-public

• Understanding, at a high level, which digital systems are publicly connected

• Ensuring that governance awareness and review are reflected in board records

In public-sector environments, documentation of oversight is often as important as the underlying technical configuration.

When This Topic Typically Surfaces

Across public entities, questions around digital records and public access most often arise during:

• A public records or freedom-of-information request

• A website rebuild or vendor transition

• A board inquiry regarding digital access or document retention

• An audit, investigation, or external review

Addressing these considerations proactively allows boards to respond deliberately rather than reactively.

About Fortis Business Consultants

Fortis Business Consultants works with public and private organizations on governance clarity, operational systems, and risk aware decision making.

In public-sector contexts, our role is to help boards and leadership teams:

• Understand how modern digital systems intersect with governance obligations

• Establish clear, documented oversight frameworks

• Reduce ambiguity without introducing unnecessary complexity