City attorney directs Utilities employees to label emails in effort to avoid public disclosure

From The Gazette (Colorado Springs):  Colorado Springs Utilities is attempting to dodge releasing information about the Drake Power Plant fire by instructing employees to include the term “attorney-client privilege” in all emails discussing the May 5 fire there.

Top supervisors in Utilities energy division told employees this would allow the publicly-owned utility to deny requests made under the Colorado Open Records Act, or CORA, for emails and other documents.

The downtown coal plant has been shut down since the fire caused extensive damage. Three days after the fire, The Gazette requested from El Paso County all communications between Utilities and the county fire marshal. The county acknowledged the request but has not responded to it.

A source inside Utilities said employees were told by the executive staff in meeting after the fire that the media had made a sweeping CORA request and that employees should add the words “attorney-client privilege” to all emails concerning the blaze.

“The intent of this is to prevent the media from accessing communications regarding the Drake fire, restoration efforts, and other information CSU wants to keep away from the public,” a Utilities employee, who wished to remain anonymous for fear of retribution, said via email.

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