Joint Committee Committee on Executive Committee of the Legislative Council (05/04/2009)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL

Date:	05/04/2009	ATTENDANCE

Time:	01:04 PM to 01:26 PM	May	X
		Penry	X
Place:	HCR 0112	Shaffer B.	X
		Weissmann	X
This Meeting was called to order by		Carroll T.	*
	Senator Groff	Groff	*

This Report was prepared by
	Katey McGettrick
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Policies Related to Public Records and E-Mail		-

01:04 PM -- Policies Related to Public Records and E-Mail

Senator Shaffer called the Executive Committee to order. He asked Charley Pike, Office of Legislative Legal Services, to review the amended draft of the legislative policy regarding public records and e-mail (Attachment A). The policy was originally considered by the Executive Committee at its meeting on April 20, 2009. He noted the changes that were made in the document, and explained that he could review the changes in detail if necessary.

01:07 PM

The following people testified on the legislative policy:

01:08 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified on the legislative policy and shared a handout with committee members (Attachment B). He stated his appreciation for the opportunity to offer public comment on the policy. He noted four specific issues with the policy as written:

he recommended that the committee consider adding a paragraph that clarifies the applicability of the policy;
he presented concerns about a prohibition on receiving electronic requests for information;
he asked the committee to consider the provisions in the policy pertaining to access of backup files; and
he presented concerns with the policy allowing members to dispose of records.

01:14 PM -- Jenny Flanagan, representing Common Cause, testified on the legislative policy. Ms. Flanagan noted that Common Cause concurs with most of the testimony offered by Mr. Romberg. She specifically addressed concerns with the section of the policy pertaining to email retention, which allows legislators to delete e-mails.

01:17 PM

Senator Penry asked if Ms. Flanagan has considered the logistics of legislators retaining all e-mails, and what would be a possible solution to managing the volume of e-mails that legislators receive. Ms. Flanagan responded that the policy delineates what should and should not be saved. Representative Weissmann asked Ms. Flanagan how he should determine what documents should be retained. Ms. Flanagan responded that any document relating to the public's work should be retained. Ms. Flanagan further stated that she believes that the policy as written encourages e-mail deletion.

01:20 PM

Senator Shaffer noted the challenges members face in managing the e-mail volume, with limited staff support. Ms. Flanagan noted that the policy details recommendations on what e-mails should be retained. Representative May stated that legislators need to have the freedom to decide what documents are valuable to retain. Ms. Flanagan replied that it is not a matter of trust but rather a matter of consistent public policy, and that the policy provides direction and discretion, and more guidance than what currently exists.


BILL:	Policies Related to Public Records and E-Mail
TIME:	01:23:19 PM
MOVED:	Shaffer B.
MOTION:	Moved to adopt the legislative policies related to public records and e-mail dated May 1, 2009, as amended, to add a new paragraph "d." under letter "A." of Section I. Purposes, to read as follows: "This policy should not be construed to apply to other governmental entities to suggest any legislative intent with respect to the Colorado Open Records Act.". This sentence was excerpted from the handout provided by Mr. Romberg (Attachment B). The motion passed on a 6-0-0 vote.
SECONDED:
		VOTE
	May	Yes
	Penry	Yes
	Shaffer B.	Yes
	Weissmann	Yes
	Carroll T.	Yes
	Groff	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:26 PM

The committee adjourned.