2. Goals
• Strategy for Target
• Open Records –
• Over View of Law
• Process for getting Access]
• Recurring Issues
• Costs to obtain access
• Research Tools
11. VIDEO TRACKING RISKS
Legal
Physical Harm
Who is filming you while you film
Blowing your cover
Once recognized, element of
surprise and incognito is gone
Recording laws vary by state
13. Open Records
FOIA
CORA (Sunshine Law)
Meetings / Executive Session
What is accessible to the
public
Criminal Records Act
PD, Sheriff, DOC, Sheriff
14. • CO Press Association PDF
http://tinyurl.com/osbalc6
• CO Municipal League –Open Mtgs
http://tinyurl.com/oobqdxe
• Primer – Exec Session Checklist
http://tinyurl.com/k3qf5ml
16. LEGISLATIVE DECLARAION
The CORA’s opening section establishes
public policy of broad, open access to
government records
“Legislative declaratives. It is declared to be
the public policy of the state that all
records shall be open for public inspection
as provided in this part or otherwise
specifically provided by law”
24-72-201, C.R.S.
19. WHAT IS PUBLIC?
“The general policy of the Act is
that all public records are open
to inspection unless specifically
excepted by law.”
20. CO PUBLIC RECORDS LAW
(24-72-201+)
LEGISLATIVE POLICY:
declares that all public records
shall be open for inspection by
any person at reasonable times
22. ELEMENTS OF PUBLIC
RECORD
1. Any paper, data, or other documentary
material regardless of hard-copy or electronic
format
2. made, maintained, or kept by
3. an entity that falls within the scope of the
“state” or a state “agency,” state “institution,” a
“political subdivision” of the state
4. for use in the exercise of governmental
functions.
24. DEFINITION OF “PUBLIC
RECORD”
“Writings” means and includes all
books, papers, maps, photographs,
cards, tapes, recordings, or other
documentary material regardless of
physical form or characteristics.
“Writings” includes digitally stored
data, includes without limitation
electronic mail messages, but does
not include computer software.”
25. DEFINITION OF “PUBLIC
RECORD”
“Writings” Exclusions
• Criminal Justice Records
• Work Product for elected officials
• Crime victim correspondence records
• Notification of possible arson loss
• Correspondence with explicit expectation of
privacy
• Computer Software
26. DEFINITION OF “PUBLIC
RECORD”
Work Product” Inclusions
Deliberative materials assembled to assist elected
officials in reaching a decision, such as background
information or drafts of documents expressing a
decision.
Drafts of bills or amendments.
Research by Legislative Council for a legislator and
identified as proposed legislation. A legislator can
request that the final product remain work product;
otherwise, it becomes public record.
27. DEFINITION OF “PUBLIC
RECORD”“Work Product” exclusions
Final versions of documents expressing an official
decision; fiscal or performance audit reports on public
entity management or the expenditure of public funds; or
final financial reports.
Materials distributed in a public meeting or identified in
the text of a document that expresses a decision.
Documents which consist solely of factual information
compiled from public sources, including comparison of
existing laws, etc. in other jurisdictions or compilations of
existing public information, statistics or data explanations
of general areas of law or policy.
28. EXCEPTIONS
The custodian of public records must
allow any person to inspect any
record unless:
1.State statutes have closed it;
2. Federal law forbids it;
3.The Supreme Court or a state court
has closed the record.
29. EXEMPTIONS
Permissive Exemptions
• Police Investigations, intelligence, security procedures
• Non-Criminal Justice Agency – Child protective services
• Test questions or scoring keys
• Specific details of research projects by state agencies
• Specific details of research on proposed legislation by
legislative staff or Governor
• Real estate appraisals until property is transferred
• Info generated by bid analysis or mgmt system of DOT
• Individual identifying records from Dept of Revenue (DMV)
30. EXEMPTIONS
Mandatory Exemptions
• Medical, psychological, sociological and scholastic achievement
data. A coroner's report is open. Scholastic information is
available on finalists for executive positions. Marriage license
applications are closed, but marriage licenses are public records.
• Personnel files. Personnel files include only: home addresses,
phone numbers, financial information, and other similar private
information maintained because of employer- employee
relationship and document
• Letters of reference
• Trade Secrets
• Library and museum material contributed by private persons
• Add and phone of public school children except to recruiting
officers
• Library records – disclosing id of user
31. EXEMPTIONS
Mandatory Exemptions
• Library and museum material contributed by private
persons
• Add and phone of public school children except to
recruiting
• Add, phone, personal finances of public utility users,
public facility users, recreation or cultural service users
• Sexual harassment complaints unless released by
complainant or person charged (private & separate from
that covered in criminal justice records act)
• Motor Vehicle Records (other than traffic accident reports)
except for certain specified uses which do not include the
press (Employment Verification for Drivers, Law
32. DEFINITION OF PUBLIC RECORD
Correspondence
Email is correspondence
EXEMPTIONS
1.Work product
2.Correspondence not connected to official
duties, public business, or public funds
3.Message to official from constituent
expressing expectation of confidentiality
33. COLUMBINE
EXCEPTIONCORA permits denial of access
under a catch-all provision
protecting against “substantial
injury to the public interest”
24-72-204(6)(a) C.R.S.
34. THE ASK
There is never any harm in asking
Custodial may not know the law
Even if its not a public record, ask
35. DENIED
• Custodian is required by law to
provide you the statutory exemption
and reason for the denial.
• They must provide the statute
• Research Case Law on Google
37. Meetings
Any kind of gathering convened to discuss public business,
in person, by telephone, electronically, or other means of
communication
All meetings of TWO OR MORE members which public
business is to be discussed or formal action is to be
taken are open
Social Gatherings and chance meetings are exempt if
discussion of public business is not the central purpose
Emails between elected officials on matters other than
public business is not a “meeting”
What about lunch between 2 legislators?
38. Public Notice
Public Notice is to be given prior to all meetings where
adoptions of proposed policy, position, resolution, rule,
regulation, or formal action occurrs
Local Public bodies must give a minimal of 24 hour
advance notice and specify agenda “if at all possible”
County Notice Exemption – Commissioners do not
have to give 24-hr notice if two or more meet to discuss
“day-to-day” oversight of property or supervision of
employees. “Hiring, Firing, Buidling a new courthouse, or
buying major equipment is not considered “oversight”
39. Meeting Minutes
Minutes are to be taken and “properly recorded”
Minutes of Exec session must only include topic
of discussion
School Boards are required to make an
electronic recording of any meeting at which
decisions can be made
Retention requirments = 90 days
40. COSTCopies may be made of any public record at a cost of not
more than 25 cents per page; however, an additional
"reasonable fee" may be charged for:
1.Requester may have to pay costs to manipulate the data.
Subsequent requesters to pay same as first.
2.Use of a computer program other than word processing if
necessary to provide a record. Fee for a copy can recover
costs of the system; however, this may be waived for
public purposes, including journalists, nonprofits and
academic research.
3.3. Records "not readily available" must be provided
within three working days, unless custodian in writing
declares there are "extenuating circumstances," such as
number of documents required. This extends access
time to seven days.
43. What to CORA
Emails, Text Messages
Calendars, Visitor Logs
P-Cards, Expenses and Itemized Receipts
Travel Expenses
Know expense policy and limitations, ROI /
Benefit
Contracts
Know bidding process
CCW lists, Voter Files
CORAs
45. RECURRING ISSUES
• They want to know why you want info
• They require you to use their form or procedure
• Cost – charge for county business (time to review/redact)
• Timeline requirements, Unresponsive
• Purging, illegal destruction of public records
• Using personal accounts, cell phones for business
• Handling Violations of CORA
• Shame them
• Seek Legal Advise / Get a lawyer
• Media Release
• Write about it
• Ask credentialed media to place request
47. CO CASE LAWCFI Steel v. Office of Air Pollution Control 2003
Cole v. State of Colorado 1983
Dawson v. State Compensation Insurance Authority 1990
Denver Post v. Ritter 2008
Denver Post v. Stapleton Development 2000
Denver Post v. University of Colorado1987
Downing v. Brown 1877
Freedom Newspapers v. Colorado Springs 1987
Glenwood Post v. City of Glenwood Springs 1986
Hudspeth v. Board of County Commissioners 1983
International Brotherhood of Electrical Workers v. Denver
Metropolitan Major League Baseball Stadium District 1994
Times-Call Publishing Co. Inc. v. Wingfield 1966
Wick v. Montrose County Board of County Commissioners 2003
Zubeck v. El Paso County Retirement Plan 1998
48. Tools & Resources
PDF on AdCo GOP Website
http://adcovictory.com/files/Resea
rch%20Tools.pdf
56. CBI
For $8, you can get a comprehensive list of
charges
• CO State Specific
• Name, DOB, SSN, Address
Use to validate selective disclosure of records
County vs Municipal LE agencies
59. CAMPAIGN FINANCE
COMPLAINT
Get legal council
Administrative law and process moves fast
Civil Rules of Procedure
Discovery
Prep presentation to judge before you file
Intro
Witnesses
Evidence
Closing
69. Resources
Open Records Law C.R.S. 24-72-201 et
seq.
Open Meetings Law C.R.S. 24-6-401 et
seq.
CO CONSTITUTION
SPLC Letter Generator
70. MORE LINKSThe Colorado Channel
CO Legislative Council Calendar
Colorado Legislative Social Calendar
Colorado Tax Increase
Colorado Union of Taxpayers (CUT)
Fiscal Grade By State
Govt Track – Colorado
Independence Institute
Principles Of Liberty
State Data Lab
Stop Stormwater Utility
Why does it matter?
This is your government and these are your records.
How do I know that? James Madison told me
Lincoln wrote it in the Gettysburg Address “Of the people, By the people, and For the people.”
BROAD DECLARATION
OPEN TO INSPECTION
OTHER THAN EXCEPTIONS
Is it public record
How can it be accessed (Is it open or closed)
Requires an affidavit
Criminal Justice Records Act include Police and court records, photographs, tapes, recording, digitally stored data including electronic mail and other documentary materials in addition to books, papers and maps but does not include computer software.
Def of work product
Permissive – custodial may refuse to disclose record on the basis that custodial opinions disclosure would be contrary to public interest
The custodian has the discretion to close the following records on the ground that disclosure to the applicant would be contrary to public interest:
The custodian must deny inspections of the following records:
For 3, BOLO for abuse – not yet seen, but when they figure it out
Police report that did not redact the name of a minor
The business of the public will not be conducted in secret
Two-Tiered Law – Law treates state and local govt differently in some areas
Defines who is Covered, State Public Bodies and Local Public Bodies
Reporter’s Shield Law 13-90-119; 24-72.5-101+ - reporters do not have to disclose source unless you personally witnessed the commission of a crime
TRADEMARK AND COPYRIGHT. Governmental entities can now get trademark and copyright protection for public records; however, this cannot restrict public access or fair use of copy- righted materials and does not apply to writings which are "merely lists or other compilations.”
Criminal Justice Records – covered on page 10 of the CPA pdf
Open Courts and Court Procedures – covered on page 13 of CPA pdf
Page 15 defines how to submit an open records request
Beware – some may require their own form which is in direct violation of the statue.
Ask for Waiver
Custodian has disgression to grant fee waiver or not
They can turn over non-pubic records if they want
Ask other jurisdictions for the same info that yours is withholding
If all provide access, go back to yours and tell them.
AdCo charges $40/year and then $10 for each additional data request. – reasonable.
Todd Shepherd
Amy Oliver
Reagan Benson
Watchdog Wire
Jessica Peck
The Colorado Channel
CO Legislative Council Calendar
Colorado Legislative Social Calendar
Colorado Tax Increase
Colorado Union of Taxpayers (CUT)
Fiscal Grade By State
Govt Track – Colorado
Independence Institute
Principles Of Liberty
State Data Lab
Stop Stormwater Utility