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Moffat County School District may withhold portions of ‘organizational health’ report, appeals court says
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Colorado’s second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an “organizational health” report commissioned by its school board to investigate areas of concern. The Moffat County Education Association petitioned under the state’s open records law for access to undisclosed portions of an investigator’s report, prepared alongside…
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Appeals court clarifies no relief available for delay in providing judicial records
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Colorado’s second-highest court clarified on Thursday that relief is only available when the judiciary denies access to certain public records, with no consequence if the records are simply delayed. Although the Colorado Open Records Act is the state’s primary disclosure law, administrative records from the judicial branch are disclosed pursuant to a policy known as…
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Colorado justices rule plaintiffs can use open records law for evidence when suing government
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The Colorado Supreme Court decided on Monday that nothing in the state’s open records law prevents a person from seeking documents from public entities at the same time they are suing the government in court. Although the justices agreed that a plaintiff properly used the Colorado Open Records Act (CORA) to seek a tape recording…
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School administrators’ discipline records not subject to disclosure, appeals court rules
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Disciplinary records for public school administrators are not subject to disclosure thanks to a law shielding materials used in preparing educator evaluations, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals noted administrators’ disciplinary histories are factors in their evaluations, thereby landing within an exception to the state’s open records…
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Colorado justices weigh broad definition of ‘criminal justice agency’ in open records lawsuit
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Although members of the Colorado Supreme Court appeared wary on Tuesday of finding a large swath of the government can be deemed a “criminal justice agency,” they also recognized lawmakers used broad language to seemingly sweep public entities into that category. The case at hand questions whether the Peace Officer Standards and Training (POST) Board, as…
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Colorado justices cautious of letting litigants make open records requests while suing governments
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Members of the Colorado Supreme Court grappled on Tuesday with two competing principles: honoring public access to government records, on the one hand, while preventing litigants from deluging public bodies with open records requests at the same time they are suing them. Previously, the state’s second-highest court ruled that plaintiffs are not forbidden from using…
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Appeals court reinstates man’s lawsuit challenging $600 open records fee
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Colorado’s second-highest court on Thursday directed a trial judge to evaluate whether the state’s health department responded reasonably by imposing a $600 fee on a man’s request for records about the administration of ketamine by paramedics. At the same time, a three-judge panel for the Court of Appeals took umbrage at the inflammatory language Frank…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
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Appeals court clarifies ‘work product’ exemption to Colorado open records law
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Colorado’s second-highest court last month clarified a draft report that is not subject to any meaningful decision-making by elected officials is a disclosable document under the state’s open records law. A three-judge panel for the Court of Appeals agreed Durango was required to disclose a draft of its 2021 financial report under the Colorado Open…
