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Public Testimony

Weinberg urges ban on auto-delete and codified messaging retention

New York City Council · Oct 28, 2026 · starts 1:36:20 · 1 min 50 sec

Weinberg cites a DCAS whistleblower lawsuit involving personal phones and private emails used to avoid public records. He says the Council should ban auto-delete functions and codify instant-messaging retention in the charter, calling Brewer's working-group bill a useful first step.

Ben Weinberg

Third, on record retention related to the pre-considered by Chair Brewer.

Ben Weinberg

The council needs to ban the use of auto-delete functions from government communications and codify instant messaging record retention policy in the charter.

Ben Weinberg

This was discussed in September as well, a bit in this hearing as well, but a recent reporting that you all might have seen of a whistleblower lawsuit involving DCAS, where senior

Ben Weinberg

managers allegedly used personal phones, private emails, memos to keep sensitive talk out of public record, in one case explicitly opening their text messages by saying, hey, I didn't want this on Teams.

Ben Weinberg

That further highlights

Ben Weinberg

It's why we need to keep this issue, keep clear rules on this issue.

Ben Weinberg

So, and I'll just mention, I know a lot of time, just mention quickly, at the last hearing, we heard the administration imply that public servants are basically free to choose for themselves

Ben Weinberg

whether messages on third-party apps should be retained.

Ben Weinberg

What messages constitute as substantive communication, what apps they should use for communication.

Ben Weinberg

So there's obviously a lot of confusion there, to say the least.

Ben Weinberg

Councilmember Brewer's bill to have a working group led by Doris to study and recommend improvements is a useful first step.

Ben Weinberg

We appreciate the effort to align the modern use of instant messaging with the city's needs for record retention.

Ben Weinberg

And public accountability, and to encourage the administration to rethink its position on enforcement in this issue.

Ben Weinberg

But we also believe the council should go further and prioritize directly amending the charter to address these challenges, establish binding record retention requirements, codify instant messaging message policies, and explicitly prohibit the use of these auto-delete functions.

Ben Weinberg

Thank you very much.