Few things ensure effective and honest government in Colorado, or anywhere, like accountability and scrutiny.
A well-meaning but ill-conceived, bi-partisan legislative proposal puts that at risk.
Colorado residents have benefited greatly from the Colorado Open Records Act since it was signed into law in 1969. The measure insists that government records, from all levels of government, belong to the public and must be open for review.
The enormous power behind this law has ensured for decades that every government official and employee at every level is held accountable to the public for their actions.
What journalists call “CORA” has also prevented misuse and corruption in government — not just exposed it. That’s because those who work there and lead in city’s, school boards and counties know that scrutiny is only a records request away.
President Ronald Reagan with his worn trope, “Trust but verify,” accurately summed up what the value of the state’s open record law.
The power of CORA has resulted in a vast catalog of government wrongs, exposed by the media, often being made right.
Statewide, news investigations made possible by the Colorado Open Records Act have exposed egregious mismanagement of child welfare cases. Investigations by Colorado Sun reporter Jennifer Brown resulted in a state reviews and policy changes to ensure the safety of children under state care and observation.
Reporter Chris Vanderveen at 9News used CORA to reveal that Colorado courts ignored endless orders for domestic violence suspects to relinquish guns, with sometimes fatal consequences.
Just last year, the Sentinel and collaborating Colorado media used CORA to uncover a virtual registry of dubious actions by Aurora police and how they were shielding or rehiring officers the public thought were gone from police service.
Reporters have used CORA for decades for stories that have shone a light on issues such as illegally selling body parts, corruption in special districts, illegal hirings and firings and dozens of stories that have prompted change for the public benefit.
All that is in serious jeopardy because of House Bill 1296, sponsored by representatives Cathy Kipp, D-Fort Collins, and Matt Soper, R-Delta.
In reaction to complaints from government employees and other officials, alleging that CORA requirements are everything from inconvenient to bothersome, the bill seeks to separate records requests that are deemed malicious or requested from businesses for the sole purpose of turning a profit.
Reacting to complaints that providing government records to the media, or anyone, “takes away” from other duties highlights pervasive misbeliefs.
Government officials are custodians of public records, not owners. Since accurate records are integral to the operation of any organization, especially government, managing those records is as fundamental to the duties of every government agency as is filling potholes, writing speeding tickets, making sure teachers get paid and issuing wedding licenses.
The law is written to make clear that it is not the job of the media, nor the public, to prove why records should be made available. The burden is on the government to defend why someone believes any record should be withheld.
Given the clear intent and history of CORA, changes offered by HB 1296 are anathema to its mission.
The most dangerous among these proposed changes are an addition to law that seeks to protect the “personal privacy” of government employees and elected officials.
Colorado case law already ensures that releasing personal data such as home addresses, Social Security numbers and similar items is off limits.
A likely target for those wishing to shield “personal privacy” records of government employees would be personnel files. If the Sentinel had not been able to review personnel records of Aurora police officers, we would have been unable to reveal in a story last year how a former acting police chief protected a police commander who was admonished for helping another police officer violate a restraining order in a divorce dispute, and then attempt to cover it up.
Government employee records are sometimes essential to explaining the actions of government and government officials.
Creating a vague and dangerous “personal privacy” criteria for withholding records would cripple this important tool for media.
The proposed dangerous new standard likely hails from a desire to protect government workers and elected officials from nefarious, malicious uses of the CORA. So called “doxxing” attempts through the records act have already been cited as grounds for denying CORA requests.
In an attempt to drive off nefarious queries, this bill also creates a new term and process, allowing records custodians to tab some requesters “vexatious.”
In theory, record custodians would be able to use this label against someone working to create political havoc from emails or other records that might have some sensational value.
It relies on defining a journalist as anyone who works for the “mass media.” Under that definition, any political propaganda website calling its product “news” gets around a “vexatious” label.
Far-right “news” sites such as former GOP gubernatorial Heidi Ganahl’s new Rocky Mountain Voice, or Colorado Peak Politics, and Complete Colorado would qualify as journalism, exempt from “vexatious” scrutiny.
Besides proposing collateral damage to the Colorado Open Records Act, the bill is asking lawmakers to further increase the cost of requests, allowing governments to assess requesters up to $40 an hour.
News media across the state have been given estimates for records requests that run into the tens of thousands of dollars.
Already, the cost is formidable, especially for cash-strapped newsrooms already struggling.
Everyone can sympathize with government employees who have difficult jobs. But public scrutiny of government operations isn’t a luxury task or any less important than ensuring employees get paid and that services are carried out efficiently.
Enacting these measures would enable government fraud and deceit to withdraw into the shadows and thrive.
House sponsors should withdraw this bill and open up discussions statewide to help find reasonable solutions to criticisms and address government employee hardships.
How can it really be a hardship for government employees to simply be honest and open regarding their actions? It appears as though our government has a real need for the ability to hide underhanded and deceitful acts. The town of Williamsburg in Fremont county hides the actions of the mayor and the trustee’s regarding complaints and violations of local ordinances and have paid fines resulting from violations of the open meetings laws. Their response is to remove all agendas and minutes of these meetings from the town’s web page. Instead of working to comply with the law they are working to remove their actions from public view. This group all have sworn an oath of office where they swear to uphold the laws of the town, county, state, and the constitution. Quite simply stated, they are all liars. They work to advance their own agenda cover up the illegal acts that their own employee has committed. The 11th Judicial district attorney fails to respond to written complaints of their violations. I’ll assure you that our board of trustees and mayor did not pay the fine out of their own pockets. It was paid by the taxpayers. The need to cover up ineptitude and dishonesty may benefit the government, but not the rest of us.
If news media have been given estimates for record retrieval that run into the 10’s of thousands of dollars perhaps they ought to learn how to tailor a specific request instead of asserting their brio through CORA and proving to government they can turn them into servants of the media.