Redacted portions of an investigator’s report on sexual misconduct allegations against Denver school board member Tay Anderson cannot be publicly disclosed because of a specific exemption in the Colorado Open Records Act, a judge has ruled.
Court rulings top CFOIC’s 2021 list of Colorado transparency highlights and lowlights, with the most impactful paving the way for a state law change that lets governments publicly name just one finalist for chief executive positions like university president, city manager and school superintendent.
An attorney for The Denver Post and The Denver North Star explained in a new court filing why the news organizations believe Denver Public Schools must unredact hidden portions of an outside investigator’s report on sexual misconduct allegations against school board member Tay Anderson.
The rule has been in effect since May 10, so it was surprising to see a judge issue a one-word order temporarily sealing all documents in a felony menacing case against Fifth Judicial District Court Judge Mark Thompson. “GRANTED” is all Judge Paul Dunkelman wrote. His order did not contain any of the specific findings required by Rule 55.1, nor did it set a date certain for terminating the order.
Applying a seldom-used provision in the Colorado Open Records Act (CORA), Denver Public Schools has asked a judge to determine whether it can disclose redacted portions of an outsider investigator’s report on sexual misconduct allegations against school board member Tay Anderson.
Colorado’s database of certified and decertified law enforcement officers will remain confidential after a judge Tuesday determined that the state Attorney General’s office did not abuse its discretion under the Colorado Criminal Justice Records Act (CCJRA) when it denied journalists’ requests for the records in 2019 and 2020.
Not discussed in that House committee hearing: Some news organizations in Colorado are acting on that sentiment, establishing policies that let story subjects formally ask that their names be removed from long-ago articles that live online indefinitely.
Several Colorado news organizations have asked a Chaffee County District Court judge to reconsider his June 4 order sealing the 130-page arrest warrant affidavit for Barry Morphew, who is accused of murdering his wife, Suzanne Morphew, in 2020.
One change will impact the release of body-worn and dashboard camera footage, and another might help mitigate the loss of public information caused by the encryption of police radio transmissions. Two additional provisions address public access to records of completed police internal affairs investigations and lists of officers who have credibility issues.
A bill that lets public bodies in Colorado disclose just one finalist when choosing a new chief executive officer such as a school superintendent, a university president or a city manager will become law without the signature of Gov. Jared Polis.
