Moffat County School District may withhold portions of ‘organizational health’ report, appeals court says

Colorado Politics: Colorado’s second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an “organizational health” report commissioned by its school board to investigate areas of concern.

The Moffat County Education Association petitioned under the state’s open records law for access to undisclosed portions of an investigator’s report, prepared alongside the district’s legal counsel. The document came in response to an instance of alleged misconduct, coupled with the board’s concerns about the administration and central office overall.

A trial judge determined the withheld portions were shielded by attorney-client confidentiality and the protection for a governmental body’s deliberative decision-making process. On May 22, a three-judge Court of Appeals panel agreed that conclusion was reasonable.

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