How to Handle Open Record Requests PRES EN T ED B Y: Kip Giles - - PowerPoint PPT Presentation

How to Handle Open Record Requests

PRES EN T ED B Y: Kip Giles Director, Senior Counsel TPPA 2019 Annual Meeting July 30, 2019

AGENDA

• Guiding Principles
• ORR Statistics
• ORR Process
• ORR Management
• Request Types
• Customer Information Requests
• High Profile Requests
• Recent Legislation
• CPS Energy Best Practices

Open Records Requests ( ORR)

Guiding Principles

Operate with this lens in mind—emails, letters, texts & presentations

ORR Statistics FY 2 0 1 9

53 53 41 32 37 38 41 25 42 40 31 46 10 20 30 40 50 60

Requests

FY 2019 Requests By Month

# of Open Record Requests # of AG Opinions Media FY 2019 479 70 15

ORR Statistics FY 2 0 1 9

112, 24% 80, 17% 107, 22% 22, 5% 45, 9% 27, 6% 6, 1% 1, 0% 78, 16%

FY 2019 Request Breakdown by Type

Customer Information Customer Inquiry Bid Tab/Contract Info Maps General Public Inquiry Employee Information PCB Content PPA Other

ORR Process

ORR Received Acknowledgement Sent to Requestor ORR Calendared and Placed Into Database Preliminary Analysis of ORR by ORR Team Notification Sent to Internal Stakeholders OR Request Referred to Internal BU for Handling ORR Team Reaches Out to BU(s) for Assistance in Gathering Data Follow up with BU(s) as Needed to Maintain TPIA Timeline Compliance BU Provides Information Review with BU to Ensure Responsiveness and Determine Exception Application Alert Internal Stakeholders of Release Release Information OR Request an Opinion From the TX AG and Notify Third Parties Draft Brief and Sent to TX AG in Accordance with TPIA timeline (If Needed) Receive AG Opinion Notify Stakeholders of Result (If Needed) Release/Withhold Information in Accordance with AG Opinion

Managem ent of ORRs

• Legal/ ORR team is clearinghouse, with

delegation to other business areas if appropriate

• Tracking via calendar/ inbox and database
• Database enables reporting for broader

Legal team/ Board/ Leadership for awareness, historical snapshot, etc.

Request Types

• Members of the media
• Concerned citizens
• Procurement-related requests
• Customer inquiries (for self & others)
• Employee information
• Equal treatment for requestors

Custom er I nform ation

• Texas Public Information Act (TPIA) 552.133
• Opinion on customer information
• Aggregation of customer data or consent to release

information

• Key: Compliance with internal customer protection policies
• Advantageous to have previous determination on

customer information to reference, rather than requesting a new opinion for each situation

High Profile Requests

• Multi lens view: Legal, Political & Media
• Determine internal stakeholders who should be notified if

certain info is to be released

• Provide third party notification for potential disclosure of

trade secrets/ proprietary information

• Develop a team to review and formulate response
• Work with Corporate Communications or other applicable

departments to craft the proper context/ messaging

• Coordinate timing of the release with stakeholders

Effect of Recent Legislation

• SB 943
• Certain info in governmental contracts is now public
• Open government proponents assert new law closes

the Boeing loophole

• Full impact is unknown
• SB 943 provides a limited exception for disclosure of

third party proprietary information in procurement requests

CPS Energy Best Practices

• Provide requestor with an acknowledgement of ORR receipt and provide 10

business day timeframe for response

• Ask for clarification from requestor BEFORE the final few days
• Properly staff requests that take large amounts of time
• Be careful about making commitments to requestors regarding the

production of information (it may not exist or may take extended effort/ time to gather)

• Communicate and set expectations with requestors
• Identify key internal stakeholders for notification and record gathering

shortly after receiving ORR

• We are under no obligation to answer questions, but we will sometimes

refer requestors to SMEs or corporate communications to address

• Provide training to high volume recipients and new leadership

Thank You