With the ever increasing reliance on e-mails and texting to communicate, public officials have to be more careful what they say, or do, using those technologies.

That was the message Ypsilanti City Attorney John Barr sent to council members at a recent meeting. Barr led a discussion about how technology like e-mail could cause public officials to violate the Open Meeting Act - whether they intend to or not.

The issue was brought to the table for discussion last month by Council Member Peter Murdock after it came to light that the Ypsilanti Downtown Development Authority board met with a quorum without public knowledge or input in early October.

On Oct. 20, Murdock brought forth a resolution saying all committees and subcommittees appointed by the city must comply with the Open Meetings Act. That measure passed by a 4-3 margin.

Mayor Paul Schreiber said under the resolution, all meetings by city appointed bodies, including sub-committees, must post meeting times and minutes. In addition, any subcommittees aren't allowed to make decisions without public notice, even if a sub-committee quorum is just making recommendations to the larger body.

Barr said the resolution is a way to keep government more honest and open with the public. He added that the city is pretty good at following the Open Meetings Act, but some fine-tuning wouldn't hurt.

"The focus of these acts is transparency in government," he said.

Barr said the Open Meetings Act, which was passed in the state in 1976, couldn't account for the Internet and the new issues it has raised. He said public officials have to be extra careful these days because anything they write online is subject to the Freedom of Information Act.

Barr cautioned officials from using e-mails to make decisions on issues and votes since that could be a violation because it's out of the public eye.

That very issue surfaced in Ann Arbor this year, when many e-mails traded by council members during meetings surfaced. The Great Lakes Environmental Law Center and two local businesses sued the city, alleging the council members violated the state’s Open Meeting Act by secretly e-mailing each other during a discussion on a proposed $50 million underground parking structure.

Barr said some online discussion on an issue is allowed, but too much can lead into legal gray areas. He advised them not to tell each other via e-mail how they'll vote or tell other officials how they would vote if they can't make a meeting. He said officials can discuss issues over the phone, but should follow the same guidelines.

"Let your conscience be your guide," Barr said.

David Wak is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com.