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![Goals
• Strategy for Target
• Open Records –
• Over View of Law
• Process for getting Access]
• Recurring Issues
• Costs to obtain access
• Research Tools](https://image.slidesharecdn.com/citizenauditor-150519073904-lva1-app6891/75/Citizen-Watchdog-Training-2-2048.jpg)
Uploaded byJennifer Raiffie
Citizen Watchdog Training
This document provides an overview of strategies for accessing open records and conducting research in Colorado. It discusses goals such as understanding job descriptions and vulnerabilities. It outlines statutory guidelines like the Colorado Open Records Act and how to submit records requests. Challenges that may arise are addressed, such as denial reasons and costs. Research tools are listed, including the Colorado Press Association guide on open meetings law. Methods for observing processes and policies are described.
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- 1. Open Records and Research Tools JenRaiffie jraiffie@gmail.com 720.987.7620
- 2. Goals • Strategy forTarget • Open Records – • Over View of Law • Process for getting Access] • Recurring Issues • Costs to obtain access • Research Tools
- 3. Target • Know jobdescription better • Complacency • Know vulnerabilities • Know statues • Learn policies, process, SOP • Test policies, process, SOP
- 4. Statutory GuidelinesCO Election Law CampaignFinance CORA/FOIA CO Sunshine Law If you don’t know, ask Knowledge is power – Learn It
- 5. Vulnerabilities Voter Roll Emergency VoterRegistration Same Day Voter Registration 24 Hour Drop Box Poll Watcher Access Canvass Process “Lost” Challenges
- 6. RECORD EVERYTHING If it isnot documented in writing or on video, it did not happen
- 7. Observe & Test TestPolicy/Process Document Assess Report Findings
- 8. Video - Brandon RegisteringTo Vote in Denver
- 9.
- 10. Just show upand record
- 11. VIDEO TRACKING RISKS Legal PhysicalHarm Who is filming you while you film Blowing your cover Once recognized, element of surprise and incognito is gone Recording laws vary by state
- 12. Methods of Access Ask Web Observe DumpsterDiving CORA/FOIA
- 13. Open Records FOIA CORA (SunshineLaw) Meetings / Executive Session What is accessible to the public Criminal Records Act PD, Sheriff, DOC, Sheriff
- 14. • CO PressAssociation PDF http://tinyurl.com/osbalc6 • CO Municipal League –Open Mtgs http://tinyurl.com/oobqdxe • Primer – Exec Session Checklist http://tinyurl.com/k3qf5ml
- 15. CORA Colorado Open RecordsAct - 24-72-201 et seq. Colo. Rev. Stat.
- 16. LEGISLATIVE DECLARAION The CORA’sopening 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.
- 17. PROCESS Is it Public Isit accessible AskInspect Verify Source
- 18. Countervailing Policy “Public disclosureof certain communications would deter the open exchange of opinions and recommendations between government officials”
- 19. WHAT IS PUBLIC? “Thegeneral policy of the Act is that all public records are open to inspection unless specifically excepted by law.”
- 20. CO PUBLIC RECORDSLAW (24-72-201+) LEGISLATIVE POLICY: declares that all public records shall be open for inspection by any person at reasonable times
- 21. CORA STATUTORY ELEMENTS 1.Definition of “public record” 2. Procedure to access 3. Exemptions
- 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.
- 23. ACCESS What information isaccessible?
- 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” WorkProduct” 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”“WorkProduct” 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 ofpublic 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 • PoliceInvestigations, 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 • Libraryand 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 PUBLICRECORD 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 denialof 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 isnever any harm in asking Custodial may not know the law Even if its not a public record, ask
- 35. DENIED • Custodian isrequired by law to provide you the statutory exemption and reason for the denial. • They must provide the statute • Research Case Law on Google
- 36. Sunshine Law (Open Meetings) 24-6-401etesq Colo. Rev. Stat.
- 37. Meetings Any kind ofgathering 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 Noticeis 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 areto 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 bemade 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.
- 41. WOW THAT’S A LOTTO REMEMBER
- 42.
- 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
- 44. CORA Submitted Now What? ResponseTime Reasonable Fees Statutory Reason for Denial
- 45. RECURRING ISSUES • Theywant 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
- 46.
- 47. CO CASE LAWCFISteel 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 PDFon AdCo GOP Website http://adcovictory.com/files/Resea rch%20Tools.pdf
- 49.
- 50.
- 52. Adams County http://www.co.adams.co.us/ Meetings, agendas,recordings Transparency portal Search tool Contact info Elected officials County Clerk & Recorder Election Center
- 53.
- 54. Budget Know your sources: PlanningTool (budget) Not the hard numbers (CAFR) Statutory requirements (k-12)
- 55. CAFR Know your sources HardNumbers Legally binding
- 56. CBI For $8, youcan 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
- 57.
- 58. FEC http://www.fec.gov Federal Races Candidate disclosures CampaignFinance Donors & Expenses
- 59. CAMPAIGN FINANCE COMPLAINT Get legalcouncil Administrative law and process moves fast Civil Rules of Procedure Discovery Prep presentation to judge before you file Intro Witnesses Evidence Closing
- 60. Legislation Salazar – billto cap CORA charges passed Is legislation being implemented E-verify
- 61. K-12 Staff and Salaries UnionContracts Pizza, Catering, and Coffee Flowers for Superintendant
- 62. ROI • They arespending your money • How does it benefit taxpayers • What is the ROI? • Chaz trip to DC
- 63.
- 64.
- 65. True The Vote PollWatchers Voter Rolls Challenges
- 66.
- 67. Sample Voter Fraud Veritas onUdall Texas Watchdog
- 68. TOSA Teacher On SpecialAssignment – Adams 12 Five Star
- 69. Resources Open Records LawC.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 ColoradoChannel 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
- 71.
Editor's Notes
- #14 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.”
- #17 BROAD DECLARATION OPEN TO INSPECTION OTHER THAN EXCEPTIONS
- #18 Is it public record How can it be accessed (Is it open or closed)
- #19 Requires an affidavit
- #21 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.
- #27 Def of work product
- #30 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:
- #31 The custodian must deny inspections of the following records:
- #33 For 3, BOLO for abuse – not yet seen, but when they figure it out
- #35 Police report that did not redact the name of a minor
- #37 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.
- #41 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.
- #44 AdCo charges $40/year and then $10 for each additional data request. – reasonable.
- #46 Todd Shepherd Amy Oliver Reagan Benson Watchdog Wire Jessica Peck
- #47 http://www.lexisnexis.com/hottopics/Colorado/
- #48 SOURCE: Ballotpedia http://ballotpedia.org/wiki/index.php/Colorado_Open_Records_Act
- #50 http://ballotpedia.org/wiki/index.php/Colorado_on_WikiFOIA
- #56 Compare – how far on / off from budget Finances, Staffing, Facilites, Capitl Projects
- #57 CBI https://www.cbirecordscheck.com/index.aspx?AspxAutoDetectCookieSupport=1
- #58 http://tracer.sos.colorado.gov/
- #71 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