Cherry Creek spent $65K on investigation, but invoices remain secret, records show
After previously refusing to disclose the cost associated with the investigation into the former superintendent and his wife, the former human resources chief, Cherry Creek School District officials partially released records showing the cost to taxpayers: $65,054.85.
The Denver Gazette obtained “invoice cover sheets” through a June 12 Colorado Open Records Act request seeking — among other things — invoices, billing records or payment records related to the investigation.
Caitlin Holzfaster, the district’s records custodian, denied a similar request on May 15, claiming that descriptions could reveal attorney-client privileged information, legal advice or litigation strategy.
Abbe Smith, a district spokesperson, said the district’s “position remains the same for itemized invoices.”
The district’s final response on June 29 — after invoking a seven-day extension without the legal justification — did not include a written basis for the partial denial nor the legal basis for withholding them, as statute requires.
Gillian Dubey, a district paralegal who handled The Denver Gazette’s CORA request, did not respond to an email seeking an explanation.
Invoices showing how tax dollars are being spent are generally considered public records.
Jeff Roberts, a CORA expert, has called the denial “existential to accessing records in Colorado,” noting that privileged information can typically be redacted.
Roberts is the executive director of the Colorado Freedom of Information Coalition, which promotes freedom of the press and open access to government.
Whether a custodian may withhold an entire document because a portion of a public record contains confidential information is before the Colorado Court of Appeals.
Roberts’ organization has asked the appellate court to overturn a lower-court decision finding that CORA “does not contain a duty to redact.”
District officials hired a law firm to investigate district contracts and the travel records of former Superintendent Chris Smith and his wife, Brenda Smith, who was later fired.
Chris Smith abruptly resigned in January amid complaints that he and his wife had created a toxic work environment.
The investigation was capped at $250,000, Abbe Smith has said.
The 35-page Kaplan and Earnest report concluded that the Smiths likely violated district policies by charging the district for travel that was not entirely related to district business and by encouraging subordinates to do the same.
The district’s latest CORA denial comes as officials grapple with public trust in the wake of months of leadership upheaval that has claimed the resignations and terminations of several top officials.
In addition to the Smiths, this also includes Assistant Superintendent Tony Poole, who retired after being placed on leave, and former Board Director Terry Bates, who resigned amid allegations he had made “racialized remarks.”
To address concerns arising from the former administration, the district has implemented a number of reforms to strengthen oversight, including tighter procurement and spending rules, mandatory legal review of contracts, new travel guidelines and a temporary freeze on certain travel and contracts.
The latest dispute over public records comes after months of questions about the district’s transparency, including its practice of shutting off executive-session recordings for entire meetings rather than only during attorney-client privileged discussions.
The board appointed Jennifer Perry as interim superintendent while it conducts a national search.
Cherry Creek is the fourth-largest school district in Colorado with nearly 52,000 students who consistently rank among the best in the state, state data shows.

