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.
A Colorado Springs school board improperly denied a parent’s Colorado Open Records Act request for the names and application materials of all finalists considered for the superintendent’s job, a judge ruled this week in a case similar to the Boulder Daily Camera’s successful lawsuit against the University of Colorado regents.
In a case similar to the Boulder Daily Camera’s lawsuit against the University of Colorado regents, an El Paso County District Court judge will soon decide whether Colorado’s open government laws require a school board to name more than one finalist when choosing a new superintendent.
In an extraordinary decision which can only be described as a public flailing, the Board of Regents of the University of Colorado – the governing board for the entire CU system – overwhelmingly lost a Colorado Open Records Act (CORA) lawsuit in which the Daily Camera newspaper sought to force the university to disclose the six candidates who actually were finalists in last year’s search for a new system-wide president.
Rejecting the University of Colorado regents’ interpretation of the open records law as “linguistic gymnastics,” a Denver District Court judge ordered CU to produce the names and applications of six candidates interviewed for the president’s job that went to Mark Kennedy last year.
The ruling in the Boulder Daily Camera’s lawsuit over the University of Colorado’s presidential search will hinge on whether words such as “list” and “group” in Colorado’s sunshine laws mean that the CU Board of Regents should have announced more than one finalist – or whether such words can be interpreted as either singular or plural, a judge indicated.
Did the state’s sunshine laws require the University of Colorado regents to publicly name more than one finalist for the president’s job and disclose their job applications?
A split screen might be the best way to think about government transparency in Colorado in 2019. On one side is the ground-breaking new state law that opens records on completed police internal affairs investigations. On the other is the trend among law enforcement agencies in our state to encrypt 100 percent of their scanner transmissions.
A Colorado Springs school board circumvented the state’s transparency laws in hiring its superintendent, a parent alleges in a lawsuit that raises issues like those in another recent legal challenge that seeks the names and records of all finalists for the job of University of Colorado president.