Wrap-up: Sole finalist, police transparency bills mark 2021 Colorado legislative session
The 2021 Colorado legislative session produced a mixed bag of good and not-so-good developments for those concerned about government transparency.
Public Records Laws
Amendments to police bills address public access to internal affairs records, body-cam footage, Brady lists and news media access to encrypted radio traffic
One change will impact the release of body-worn and dashboard camera footage, and another might help mitigate the loss of public information caused by the encryption of police radio transmissions. Two additional provisions address public access to records of completed police internal affairs investigations and lists of officers who have credibility issues.
News organizations’ lawsuit seeks disclosure of child abuse hotline statistics for state-licensed facilities
While reporting their recent joint investigative series on state-licensed residential treatment centers, journalists for The Colorado Sun and 9NEWS asked for — but were denied — records showing the number of calls made to the state’s child abuse hotline from three facilities.
Polis lets sole finalist bill become law without his signature
A bill that lets public bodies in Colorado disclose just one finalist when choosing a new chief executive officer such as a school superintendent, a university president or a city manager will become law without the signature of Gov. Jared Polis.
Here’s why a Colorado school district didn’t violate FERPA when it released school bus surveillance video of driver/student confrontation over face mask
Reporter Ashley Franco had to fight for the footage as well as investigative and disciplinary records related to the April 12 incident, both of which were initially withheld by the Fremont School District in response to her Colorado Open Records Act requests.
Colorado House adds radio encryption provision to law enforcement reform bill
State representatives inserted a provision addressing police radio encryption into a law-enforcement accountability measure that builds on the major police reform bill passed in 2020.
News organizations sue for access to Colorado’s database of law enforcement officers
A lawsuit filed by The Gazette, reporter Chris Osher and The Invisible Institute, a Chicago-based journalism nonprofit, seeks the public disclosure of Colorado’s database of certified law enforcement officers.
CFOIC asks Gov. Polis to veto sole finalist bill
The Colorado Freedom of Information Coalition sent a letter to Gov. Jared Polis, requesting a veto of House Bill 21-1051, which would allow state and local public bodies to disclose just one finalist for chief executive officer positions.
Amicus brief: Court of Appeals ruling in Daily Camera lawsuit ‘deprives the public of meaningful oversight’ of government chief executive hiring
A Colorado Court of Appeals ruling in the Boulder Daily Camera’s lawsuit against the University of Colorado regents sets “a dangerous precedent that deprives the public of any meaningful oversight and input into the selection process of a public body’s chief executive,” says a friend-of-the-court brief filed by the Colorado Freedom of Information Coalition and 12 other organizations.
Journalists’ testimony: Consider the impact of sealing criminal records on public-service news reporting
State legislation designed to reduce collateral consequences for people with criminal records would hinder the ability of news organizations to identify systemic problems in the criminal justice system and hold public officials accountable, journalists told Colorado lawmakers.