Colorado Springs Utilities’ public records procedures

• Names
• Addresses
• Telephone numbers
• Personal financial information (to include billing records) ...

... of past or present users of public utilities.  The designation Public/Open does not mean that personal or financial information can be released.

The CORA authorizes the custodian to establish rules and procedures for such disclosure to prevent unnecessary interference with the regular discharge of the duties of the organization.

To better assist persons requesting access to the organization’s public records, Colorado Springs Utilities has established the following procedures for requesting public records for inspection. 

For the purposes of CORA, the terms "Open Records" and "Public Records" may be used interchangeably and are intended to mean the same thing.

A. Procedure for requesting open records for inspection

1. Complete an Public Records Request Form.
   
2. Attach the completed form to an e-mail message and send to CORA@csu.org, fax it to Records Manager at 719-668-8048, or mail it to:

Colorado Springs Utilities
Attn: Records Manager
P.O. Box 1103, Mail Code 940
Colorado Springs, CO 80947-0940

3. The Records Manager will review the request to determine if the records may be released for inspection as stated in the CORA.

B. Definitions

The definitions found in CORA, § 24-72-202 C.R.S., as amended from time to time, shall apply unless the context clearly requires a different meaning. Two definitions of particular importance to understand the scope of CORA are listed below:

1. Public Records: All writings made, maintained, or kept by the state, any agency, institution, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political subdivision of the state, or that are described in section 29-1-902, C.R.S., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.
   
2. Writings: All books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. Writing includes digitally stored data, including without limitation electronic mail messages, but does not include computer software.

C. Fees

In all cases where a person has the right to inspect any public record, he or she may request copies of such record.

1. The fee for copies of public records is $0.25 per page, unless actual costs exceed that amount, in which case actual costs may be charged.
2. In the case of a request for a computer printout other than word processing, the fee may be based on the recovery of the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system.
3. All payments for copies of public records must be received in advance of releasing the copies.

D. Time for inspection of public records

1. The CORA generally permits three working days to provide the public records for inspection. This may be extended to 10 working days and requires the custodian to respond to the requester within three working days of the 10-day extension. 
   
2. Extension of time to 10 working days
   The CORA allows that the period for providing requested documents may be extended up to ten working days if one of the following conditions exists:
   
   1. Additional time is required to retrieve the requested documents from off-site storage or other facility.
   2. A broadly stated request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the custodian reasonably to prepare or gather the records within the three day period: or
   3. A broadly stated request is made that encompasses all or substantially all of a large category of records and the agency is unable to prepare or gather the records within the three day period because:
      
      1. The agency needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month; or
      2. A request involves such a large volume of records that the custodian cannot reasonably prepare or gather records within the three-day period without substantially interfering with the custodian’s obligation to perform his or her other public service responsibilities.
         
   4. In no event can extenuating circumstances apply to a request that relates to a single, specifically identified document.
   5. If the request is too broad, speculative or voluminous to prepare in 10 days, Colorado Springs Utilities may request relief from the court, including attorney’s fees, as provided by law.
      
3. When Time Period for Response Begins: The time period for response does not start until Colorado Springs Utilities receives the request on the Open Records Request Form.  The request is considered received:
   
   1. For electronic mail, when it is viewed by the recipient.
   2. For U.S. Mail, when the envelope seal is broken.
   3. For Fax, when it is printed during regular business hours, or if received after hours, at 8 a.m. on the following business day. Regular business hours are 8 a.m. to 5 p.m. Monday through Friday, excluding all Colorado Springs Utilities’ recognized holidays.

E. Reviewing records

Colorado Springs Utilities may set the location where the requested records may be viewed.  In no event may the person viewing the records remove any documents from or add any documents to those provided for review. The person reviewing any records shall not bring and shall not use photocopiers, fax machines or any other copy, scanning or reproduction device including cameras, camera phones, etc. to copy or take a photograph of Colorado Springs Utilities’ records.

F. Copies of records

The requestor must mark the pages he or she wishes to have copied with adhesive tabs provided by Colorado Springs Utilities. At the discretion of Colorado Springs Utilities, copies may be made as the requester waits or will be made at a later time, depending upon volume. Colorado Springs Utilities will determine the number of copies being requested and inform the requester of the costs of such copies. The requestor will be notified when the copies are available for pick-up. Fees for copies of public records are due at the time of receipt of the copies.

If the custodian has the capability to make copies he or she shall do so at the rates set in the section C. FEES, above.  If the custodian does not have the capability to make copies, printouts, or photographs of the records, the custodian will advise the requestor of this fact and, if requested by the requester, may make arrangements for the services to be rendered at another facility. If other facilities are necessary, the person desiring a copy, printout or photograph of the record shall pay the cost of providing the copies directly to the other facility. In no event shall the records leave the custody and possession of a Colorado Springs Utilities’ employee during this process (other than providing the items to the third party facility for reproduction). Colorado Springs Utilities is under no obligation to allow citizens access to its computers or obligated to provide records in electronic format.

G. Denial of inspection of records

1. The custodian must deny the right of inspection:
   1. If inspection would be contrary to any state statute.
   2. If inspection would be contrary to federal statute or regulation.
   3. If inspection is prohibited by a rule of the Supreme Court or by order of any court.

2. Denial of inspection of public records is permitted in the following situations, if disclosure would be contrary to the public interest; but if such records are given to one news agency, they shall be available to all news agencies:
   1. Any records of the investigation conducted by any sheriff, prosecuting attorney, or police department, any records of intelligence information or security procedures of any sheriff, prosecuting attorney, or police department or any investigatory files compiled for any other law enforcement purpose.
   2. Test related data listed in C.R.S. 24-72-204(2)(a)(II).
   3. Details of bona fide research projects of state institutions.
   4. Contents of real estate appraisals relative to acquisition (not sale) of property for public use until title passes to the City of Colorado Springs.
   5. Market analysis data generated by the Department of Transportation’s bid analysis and management system for the confidential use of the department for awarding contracts or for the purchase of goods or services and any documents prepared for the bid analysis and management system;
   6. Records and information relating to the identification of persons filed with, maintained by or prepared by the Department of Revenue pursuant to 42-2-121 C.R.S.
   7. Electronic mail addresses provided by a person to an agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the agency, institution or political subdivision; and
   8. Specialized details of security arrangements or investigations.  

3. Inspection of the following shall be denied, unless otherwise provided by law or unless requested by the person in interest:
   1. Medical, mental health, sociological and scholastic achievement data.
   2. Personnel files, except for application and performance ratings.
   3. Letters of reference (which are not disclosable to the person in interest, if they concern employment, licensing, or issuance of permits).
   4. Trade secrets, privileged information, and confidential commercial, geological, or geophysical data, including social security numbers, furnished by or obtained from any person.
   5. Home addresses, telephone numbers and financial information of employees.
   6. Names, addresses, telephone numbers and personal financial information of past or present users of public utilities.
   7. In addition to the above described documents, the CORA provides specific and detailed circumstances for the denial of, or limited release to the person in interest, of records related to:
      1. sexual harassment complaints and investigations
      2. applicants for an executive position
      3. records protected by common law privileges such as the governmental privilege, the deliberative process privilege, work product privilege, or attorney–client privilege. If a record is withheld pursuant to the deliberative process privilege, the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each document is privileged and why disclosure would cause substantial injury to the public interest.
      4. the constitutional right of privacy may, in very limited circumstances, be a basis for resisting disclosure, particularly for the person in interest.

4. Denial on Basis That Release Would do Substantial Injury to the Public Interest
   1. The official custodian may petition the District Court for an order restricting disclosure of records otherwise subject to inspection, if disclosure would do substantial injury to the public interest (C.R.S. 24-72-204(6)).
   2. If inspection is denied, the applicant may request a written statement of the grounds of denial and that statement shall cite the law or regulation which is the basis for denial (C.R.S. 24-72-204(4)).

5. Inspection of records of bid documents for active procurement activities will be denied until the notice of award has been issued and any resultant contract is executed.  The inspection of bid documents marked proprietary and confidential by the submitter may also be denied after the close of the bid process.
   
6. Even records which may not be available for inspection under the CORA may be subject to subpoena or discovery requests in court proceedings, etc.

H. Relevant links

• Public Records Request Form
• Colorado Open Records Act
• City of Colorado Springs Resolutions

I. Questions?

Please call Colorado Springs Utilities’ Records Manager at 668-8050 for more information on submitting a public records request. To request information other than records, please e-mail askus@csu.org.