A member of the UNC Board of Trustees used the encrypted messaging app Signal to communicate University business with School of Civic Life and Leadership Dean Jed Atkins, according to a message thread reviewed by The Daily Tar Heel. Messages in the thread were set to delete automatically.
A lawsuit filed by former Provost Chris Clemens claims this constitutes a violation of N.C. Public Records Law.
In September, Clemens sued UNC and all 14 members of the BOT, alleging that the board has repeatedly used “ephemeral messaging” applications such as Signal — which allows users to set their messages to automatically delete — to intentionally destroy public records.
Atkins is also implicated in the suit. He is alleged to have used Signal and its auto-delete feature to conduct “a substantial portion of official communications” both in exchanges with trustees and “as a routine practice.” This aspect of the complaint was not denied. Rather, the Defendants wrote that they “lack information sufficient to admit or deny the factual allegations.”
The Signal messages examined by The DTH show University-related communication between the board member and Atkins. The name of the trustee and the content of the messages reviewed by The DTH are being withheld to protect the anonymity of a source.
Clemens’ suit alleges that the practice of using messaging apps with auto-delete enabled to conduct public business is a violation of N.C. Public Records Law. The law generally prohibits the destruction or disposal of public records, which are defined as any materials created “in connection with the transaction of public business.”
Senior Director of Media Relations Kevin Best provided a statement to The DTH:
“The Daily Tar Heel was unable to share copies of the alleged communications. The University cannot comment on materials it has not seen. The University remains committed to fulfilling its obligations under the Public Records Act, as reflected in its recent public records response to David McKenzie regarding trustee communications related to former Provost Chris Clemens.”
According to reporting by the Raleigh News & Observer, Clemens has allegedly used Signal to conduct university business himself. Their article states that screenshots obtained and reviewed by the N&O appear to show Clemens using the app, with the auto-delete feature turned on, to discuss university business.
Clemens told the N&O that he has never turned the auto-delete feature on.
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