CFOIC’s holiday wish list
All we want for Hanukkah/Christmas/Kwanzaa (besides world peace, an end to the pandemic and less partisan rancor) are better open-government laws for Coloradans.
Public Records Laws
Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law
Neither the Colorado Open Records Act nor the Colorado Open Meetings Law applies to the constitutionally created state commission that investigates allegations of ethical misconduct involving public officials, the Colorado Court of Appeals has ruled.
CFOIC report: It’s time to reevaluate CORA’s ‘unbalanced’ research-and-retrieval fee provision
This may come as a surprise to Coloradans who have been quoted hundreds or thousands of dollars by cities, state agencies, school districts and other government entities for “research and retrieval” in response to their public records requests: Not every state allows such charges.
Secrecy abounds for voters in judicial retention
We didn’t think our story would be an open-and-shut case. Neither did we expect such secrecy from a governmental branch whose purpose is to oversee the implementation of laws and enforce them.
Pikes Peak Regional Building Department’s records fee policy ‘quite plainly in violation of CORA’
Not only is a $50-per-record research fee not authorized in CORA, the building department’s public records policy makes no mention of providing a free hour to requesters. That is an “unequivocal violation of CORA,” said Steve Zansberg, a First Amendment lawyer and president of the Colorado Freedom of Information Coalition. The department’s justification for its research-and-retrieval fee is “simply lacking in any legal basis,” he added.
Should Colorado’s attorney discipline process be more transparent?
A former senior assistant attorney general for Colorado is making a case for a more transparent state system of regulating the legal profession. Comments submitted by Paul Chessin this month to the Colorado Supreme Court call for public disclosure to be “the rule, not the exception.”
Court of Appeals brief: University of Colorado regents must not be allowed to ‘end-run’ CORA
Allowing the University of Colorado regents to “engage in manipulative word-play and end-run” the Colorado Open Records Act by defining the term “finalist” to mean a sole “nominee” for the CU presidency would “deal a crippling blow” to the statute, argues a brief submitted to the Colorado Court of Appeals on Tuesday by the Colorado Freedom of Information Coalition.
Meet Rachael Johnson, the Reporters Committee pro bono attorney who will advocate for Colorado journalists
Rachael Johnson was looking for a way to combine her career experiences as a journalist and a lawyer. Starting Sept. 14, she’ll get that opportunity in her home state of Colorado as a Local Legal Initiative attorney for the Reporters Committee for Freedom of the Press.
Lawsuit: Boulder council member’s private emails about proposed ballot initiative are public records
Boulder Beat has asked a judge to decide whether a Boulder City Council member’s personal email exchanges with two nonprofits are public records subject to disclosure under the Colorado Open Records Act.
A groundbreaking 2019 law opened records on police internal affairs investigations. The legislature could make the disciplinary process even more transparent.
Incidents in Colorado and elsewhere show the limitations of HB 19-1119 as a tool of transparency, accountability and for building trust between law enforcement agencies and the communities they serve. More could be done to ensure the public knows when officers are accused of misconduct or of using excessive force, how those allegations are investigated and whether and how discipline is imposed.