The intent of Colorado’s open-records law is certainly clear enough: “It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times.”
That declaration has been part of state law for nearly four decades, but some agencies and civil servants apparently still haven’t gotten the message.
Earlier this year, The Associated Press and the Colorado Press Association surveyed how government agencies respond to public requests for records. With the help of 23 Colorado newspapers, volunteers, interns and reporters asked for records in 21 counties across the state.
Some agencies produced records promptly, fulfilling their obligation to the public. But others gave researchers the runaround. That’s discouraging, given the law’s intent.
In one case, a researcher was asked why she wanted the information and what she planned to do with it. It’s a free country, and the law doesn’t allow that.
Some people think open-records laws are useful only to nosy reporters. Far from it; they’re designed to help any citizen who needs information about any level of government. But threading the maze of public agencies and their records can be daunting, so here are some tips as you try to track down the health inspection of your favorite restaurant, or any other government record.
All levels of Colorado government are covered by the open-records law, down to the smallest special district.
Records include papers, photos, recordings, e-mails and all sorts of other material. The law does allow agencies to keep some records confidential, but if your request for material is denied, ask for a detailed explanation.
Every agency must have an official custodian of its records. If a clerk gives you a hard time, ask to see the custodian.
It helps to make your request in writing and to be as specific as possible.
If a record isn’t immediately available, agencies have three working days to get it to you, with an additional seven days allowed for voluminous requests.
You don’t have to say who you are or why you’re requesting records.
If a record is open, you’re generally allowed to receive or make a copy. But agencies can charge you for that.
Fees are capped at $1.25 a page, the highest allowable rate in the country. That charge was set 38 years ago, long before copy machines and printers became ubiquitous in government offices. It might be nice for the legislature to lower the fee ceiling in the spirit of open government.
