Posts For Category: "Public Records Laws"

A ‘reverse’ CORA lawsuit backfires on the town of Paonia

A district court judge in Delta County ruled that the town of Paonia improperly invoked CORA’s safe harbor clause in a lawsuit against Bill Brunner, a former town trustee who had requested numerous records in 2017. Not only should the town have turned the records over to Brunner, Judge Steven Schultz wrote, he is entitled to be reimbursed for his legal costs and attorney fees because Paonia officials “failed to exercise reasonable diligence or reasonable inquiry” before going ahead with the suit.

Two-year-old Ohio process gives public records requesters ‘a fighting chance’ to appeal denials

With no process for appealing public records denials short of filing a lawsuit, Colorado might want to look at a two-year-old system in Ohio, which lets anyone challenge a denial for a $25 filing fee. The president of the Ohio Coalition for Open Government says residents of his state “now have a fighting chance – no matter their resources or standing” when they believe records are wrongly withheld.

Should you have to show an ID to request public records in Colorado?

Should you have to show identification to inspect or get copies of public records? Unlike a few states such as Virginia and Tennessee, Colorado has no requirement that freedom-of-information requests be made by people who actually live in the state. So what’s the point? Is it legal?

Brauchler tries ‘crowdsourcing’ an alternative way to appeal open-records denials

Two years ago, the Colorado Freedom of Information Coalition published a study showing that at least 26 states offer some kind of dispute-resolution process as an alternative to suing the government for improperly withholding public records. We asked whether the Colorado Open Records Act (CORA) should provide another way to appeal a rejection. Now, a candidate for Colorado attorney general is trying to focus attention on the same issue by “crowdsourcing” a proposal on social media.