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Agency Testimony

Smith-Cruz details transitory versus substantive message rules

New York City Council · Sep 22, 2026 · starts 0:20:27 · 1 min 22 sec

Smith-Cruz reads from the policy stating instant electronic messages are transitory by default with no expectation of retention, but users must transfer substantive content to a format appropriate for long-term storage, and the policy discourages creating substantive instant messages.

Member of the Public - Shanta Smith-Cruz

Instant electronic messages are considered transitory by default.

Member of the Public - Shanta Smith-Cruz

There is no expectation of retention.

Member of the Public - Shanta Smith-Cruz

If a user determines the content of a message is substantive and should be maintained, the user is charged with transferring the content to a format more appropriate for long-term storage and use.

Member of the Public - Shanta Smith-Cruz

Under this policy, instant messaging or text messages are treated similarly to a phone call or a conversation at a conference.

Member of the Public - Shanta Smith-Cruz

By default, such communications are deemed

Member of the Public - Shanta Smith-Cruz

transitory and therefore not subject to retention.

Member of the Public - Shanta Smith-Cruz

But if the content of the message happens to be substantive in connection with city business, then the city employee should move that content to other platforms for retention.

Member of the Public - Shanta Smith-Cruz

The policy also strongly discourages city employees from creating instant electronic messages that are substantive in nature.

Member of the Public - Shanta Smith-Cruz

When records are found to be substantive and do have enduring value, they become archival.

Member of the Public - Shanta Smith-Cruz

The Archives'work in preservation and access considers the changing formats and environments in which New York City government conducts its business.

Member of the Public - Shanta Smith-Cruz

And that brings us to digital solutions and considerations.