CORA 101

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Colorado Open Records Act

• The Colorado Open Records Act (CORA) is codified at § 24-72-201, et seq.
• CORA requires government offices to make public records available to a requester unless an exception applies.
• Anyone can request public records possessed by a government office.

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What is a Public Record?

• A “public record” includes “all writings made, maintained, or kept by the state . . . for use in the exercise of functions required or authorized by law or involving the receipt or expenditure of public funds.”

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Public Record Exceptions

• May withhold:
• Security arrangements, physical and cyber assets of critical infrastructure, non-state email addresses, phone numbers and home addresses, records of ongoing civil or administrative investigations.
• Shall withhold:
• Medical health information, trade secrets, sexual harassment investigations, confidential commercial information, personnel files (some), privileged information, deliberative process (see next slide).

Public Record Exceptions

• CORA excludes “work product” for an elected official.
• Deliberative process exclusion includes records that are “so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government.”
• To use the deliberative process exclusion, records must be pre-decisional and deliberative.
• NOTE: work product may become a public record if it is produced and distributed to members of a public body.

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OEDIT’s Open Record’s Policy

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https://oedit.colorado.gov/about/oedit-policies/oedits-colorado-open-records-act-policy

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Responding to a CORA Request

• If you receive a request, make sure you send it immediately to gov_oeditrequest@state.co.us and Alissa Johnson. Wait to provide responsive documents until asked to do so.
• Alissa will set up a meeting to gather all relevant information and correspondence.
• It is important to provide context of who is requesting.
• Interest groups, media, someone running for office.
• Have there been other requests to state agencies that you know of?
• Flag if requesting invoices, prior administration documents.

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Responding to a CORA Request: �Timeline & Cost Estimate

• Generally, CORA responses are due 3 days after receipt of the request. Production may be extended by 7 business days if there are extenuating circumstances (i.e. broad requests that cause the custodian to devote substantially all of its resources to meeting the deadline or requests involving such a large volume that the custodian cannot reasonably prepare or gather the records in 3 days).
• If a request requires more than one hour of staff time to locate or produce records, the agency may charge the requestor for staff time and all copying expenses (if applicable) in accordance with C.R.S. § 24-72-205(5)(a).
• Alissa will manage the timeline and work with staff to determine the scope of records and estimated time to complete the request.

Responding to a CORA Request:�Document Search and Production

• We are not obligated to create new public records.
• Don’t create a memo, letter, talking points, spreadsheet, etc.
• We must search all sources/types of public records requested:
• Personal accounts and devices must be searched if used to conduct public business.
• Make sure search terms are all inclusive.
• When directed, obtain all responsive documents as soon as possible and ensure that no documents are modified or destroyed.
• If an exception does not apply, we must produce all responsive documents.

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E-Mail Best Practices

• 30-day auto delete
• You cannot control incoming e-mails but you can control outgoing e-mails.
• Use e-mail for work and state business only.
• Do not use personal e-mail for work or work e-mail for personal matters.
• When forwarding an e-mail or article, do not add commentary.
• When in doubt, don’t e-mail; pick up the phone or walk down the hall.
• Start a new email chain for new topics.
• The best way to avoid problems is to NOT write e-mails.

Other Best Practices

• If there is a lawsuit, all documents or communications may become evidence.
• Don’t conduct your own legal analysis.
• Do not guess about facts.
• Be careful about exaggeration and hype.

Document Retention

• Documents that cannot be destroyed: (1) subject to a pending CORA request; (2) subject to litigation holds; and (3) required to be retained by law.
• Review Archivist’s general retention and disposition schedules for common kinds of records created by State government (on State Archives website).
• Typically have to keep CORA responses for 2 years.
• Retain all documents necessary for your ongoing work.

Recap of Steps

• If you receive a request, send immediately to gov_oeditrequest@state.co.us and Alissa Johnson.
• Alissa will set up a meeting to gather all relevant information and correspondence, including an estimate of the time you will need to comply with the request.
• If needed, Alissa will calculate a cost estimate and communicate to the requester.
• When needed, Alissa will share a google folder to upload documents–do not email.
• Documents will be reviewed for allowed and required exceptions; as needed redactions will be completed (most often by MarComm).
• You may be asked to help engage a partner if the responsive documents originated with them.

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CORA Questions?

You can reach out to Alissa Johnson with further CORA questions.

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MEDIA 101

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Communications Policy

• Guides many aspects of marketing and communications, including engagement with the media

Benefits and Risks of Media Coverage

• Helps OEDIT connect to new audiences through local, regional, statewide, national and global articles, news clips and radio interviews.
• These placements grow awareness of our programs and lead to inquiries from businesses looking to learn about our programs.
• They can also spread misinformation and confusion.
• To ensure accurate reporting and grow meaningful outreach across the state, the Senior Communications Manager and the MarComm team build relationships with reporters, send press releases and media alerts with new announcements, and pitch story ideas to specific publications.ia

Voicemail or email Media Inquiries

As soon as possible, forward the email or voicemail to:

• OEDIT’s Senior Communications Manager
• cc your Division Director as an FYI

Media Inquiries by Phone

• Gather as much information as you can without actually responding to the inquiry:
• the reporter and news outlet
• the focus of their piece
• what questions they want to cover
• any deadlines associated with the story
• if they have reached out to any other state agencies or partners
• Let them know you will share their request with the Senior Communications Manager, who will follow up soon
• Share request with the Senior Communications Manager before answering questions or setting up an interview even if you are comfortable with the topic.

When to Respond to a Media Inquiry:

• When the Senior Communications Manager has set up a conversation with the reporter and talking points/messaging have been prepared and approved by the Senior Communications Manager, Division Director(s) and in some cases the CMO and/or the Executive Director.
• When messaging has been established/pre-approved and Division Directors have good working relationships with reporters, they may respond when accepting a call.
• In these instances, it is important to let the Senior Communications Manager know the request and response so we can track coverage.

Helpful Things to Remember

• If you expect to hear from reporters regularly on a topic, reach out to the Senior Communications Manager for help putting together messaging.
• Whenever engaging with the media, remember that you do not just represent your division. We represent OEDIT and the Governor’s Office.