This post in our Presidential transition series highlights the need to manage the electronic messages and social media accounts of political appointees and senior officials as they enter and exit Federal Service.
It is important for these officials to keep personal materials separate from official accounts or systems to avoid the laborious and difficult task of reviewing voluminous materials when leaving the agency. Likewise, it is imperative that any business-related electronic messages created or received outside agency systems are captured in agency systems.
Agency officials should use their official email and electronic messaging accounts when conducting agency business (see NARA Bulletin 2015-02: Guidance on Managing Electronic Messages for more information). Personal accounts should only be used in exceptional circumstances. When officials conduct agency business using personal electronic messaging accounts or devices, federal records are created. If personal accounts are used, individuals must copy or forward any electronic messages created or received into agency-controlled systems within 20 days, in accordance with the law.
The Federal Records Act (44 U.S.C. 2911 as amended by Pub. L. 113-187) states:
(a) IN GENERAL.—An officer or employee of an executive agency may not create or send a record using a non-official electronic messaging account unless such officer or employee— (1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or (2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record.
Social media accounts created or used for official agency business must stay under the control of the agency. When an employee uses a personal social media account to communicate with the public on behalf of the agency, they may be creating federal records that must be brought under records management control. It may be necessary for the account to become the property of the agency.
It is best practice for employees and senior officials to create unique agency-administered accounts when they begin using social media for official purposes or when they enter Federal Service so that the public can clearly see the accounts are used for official agency business. Upon leaving government service, an employee who wishes to continue using the same social media platforms for personal reasons will need to create new social media accounts.
As a reminder, the Federal Records Act does not apply to Presidential records created under the Presidential Records Act. Presidential records are managed separately from federal records. Questions related to determining whether or not documentary materials are Presidential records should be referred to the White House Counsel.
If you have questions about the guidance NARA gives about federal records and transitions, please contact rmpolicy@nara.gov.