From The Aspen Times:  The Eagle County district attorney said Friday that his office started the preliminary investigation this week into a resident’s allegation that the Basalt mayor and town clerk violated the Colorado Open Records Act by not saving text messages during the April 5 election campaign.

Fifth Judicial District Attorney Bruce Brown said the investigation is in the phase of interviewing people knowledgeable of the circumstances.

“We’ve conducted one interview so far,” he said.

Brown wouldn’t disclose who was interviewed, but he said it wasn’t Mayor Jacque Whitsitt or Town Clerk Pam Schilling. He said it is likely they will be contacted, but his office is still compiling a list of people to interview.

Brown stressed that, as with any investigation, a person is presumed innocent until proven guilty. Any time his office launches an investigation, there is a “threshold inquiry” to determine “if we open a formal investigation,” he said.

In the Basalt texting case, it hasn’t been determined yet if the allegations have merit, Brown said. It will likely be weeks before that determination is made.

Brown said his office has limited resources and those must be dedicated to more pressing matters such as domestic violence, homicide and bank robbery prosecutions. Violation of the Colorado Open Records Act is a misdemeanor.

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