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 # of Open Record Requests # of AG Media Opinions FY 2019 479 70 15 FY 2019 Requests By Month 60 53 53 46 50 42 41 41 40 38 37 Requests 40 32 31 25 30 20 10 0
ORR Statistics FY 2 0 1 9 FY 2019 Request Breakdown by Type 78, 16% 112, 24% Customer Information 1, 0% 6, 1% Customer Inquiry Bid Tab/Contract Info 27, 6% Maps General Public Inquiry Employee Information 45, 9% PCB Content 80, 17% PPA Other 22, 5% 107, 22%
ORR Process Review with BU to BU Provides Ensure Responsiveness ORR Received Information and Determine Exception Application Follow up with BU(s) as Release/Withhold Acknowledgement Sent Needed to Maintain Alert Internal Information in to Requestor TPIA Timeline Stakeholders of Release Accordance with AG Compliance Opinion Release Information OR ORR Team Reaches Out ORR Calendared and Request an Opinion Notify Stakeholders of to BU(s) for Assistance Placed Into Database From the TX AG and Result (If Needed) in Gathering Data Notify Third Parties Notification Sent to Draft Brief and Sent to Preliminary Analysis of Internal Stakeholders TX AG in Accordance Receive AG Opinion ORR by ORR Team OR Request Referred to with TPIA timeline (If Internal BU for Handling Needed)
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
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