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Colorado Transparency News – July 17, 2018
 
Newsletter of the Colorado Freedom of Information Coalition, a 501(c)(3) nonprofit dedicated to helping Coloradans understand and use their rights of access to the records and proceedings of government and the judiciary.
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First place for blog in the Society of Professional Journalists' four-state
"Top of the Rockies" contest
– 2018, 2017, 2016

After editor's handcuffing, CFOIC and journalist groups urge 1st Amendment training for police

“Deeply concerned, dismayed and disappointed” by the detention of Colorado Independent Editor Susan Greene while she photographed police officers, the Colorado Freedom of Information Coalition and two journalist associations are urging the Denver Department of Public Safety to institute intensive First Amendment training for its employees.

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Fifty years of the Colorado Open Records Act: 'Terrible, terrible piece of legislation!'

To commemorate CORA’s golden anniversary, the Colorado Freedom of Information Coalition asked a few Coloradans for their thoughts on what what the open records law means to them and what it has meant for the people of our state.

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A 'friendly' weekly newspaper challenges a county commission's private meeting – and wins

The Otis Telegraph calls itself “The friendly voice of Washington County” because it likes to promote the community, says co-publisher Jerry Patterson. “But every once in a while you have to step up and do things that papers are supposed to do. You have to ask the tough questions.”

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How a Colorado Supreme Court ruling affects the public's right to inspect judicial records

By ruling that the First Amendment provides no protection for the public’s right to inspect judicial records, the Colorado Supreme Court confounded some legal experts who worry about the decision’s impact on access to court files in Colorado.

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New rules in 18th Judicial District to make felony prosecutions harder to suppress from public

The Denver Post: Prosecutors in Arapahoe, Douglas, Elbert and Lincoln counties have implemented changes to reduce the number of felony cases that are suppressed from the public, and concede the process will help them learn just how many of the restricted cases they actually have.

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Shrouded justice: Thousands of Colorado court cases hidden from public view on judges' orders

The Denver Post: Thousands of court cases across Colorado — hundreds of them involving violent felonies — are hidden from public view, concealed behind judges’ orders that can remain in effect for years, The Denver Post has found.

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El Paso County coroner seeks to hide autopsy reports on deputy and auto theft suspect

Colorado Springs Independent: El Paso County Coroner Robert Bux is asking a court to shield autopsy reports of Deputy Micah Flick and auto theft suspect Manuel Zetina, killed in a police shootout on Feb. 5, after the Colorado Springs Independent and the Colorado Springs Gazette sought them under the Colorado Open Records Act.

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Littwin: The dangers cops face every day do not include a reporter wielding an iPhone

The Colorado Independent: As you may have heard, Indy editor Susan Greene was handcuffed and detained by two Denver cops in front of the state Capitol for — and I can’t emphasize this enough — simply trying to do her job and for nothing more.

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Denver police open internal investigation into detaining of Colorado Independent editor

The Colorado Independent: The Denver Police Department says it has opened an internal investigation into an incident in which The Colorado Independent’s Editor Susan Greene was handcuffed and detained after attempting to document a police interaction on Colfax Avenue.

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Glenwood Springs Seventh Street bid estimates to see light of day

Post Independent (Glenwood Springs): After facing mounting pressure from the public and two filed open-records requests, the Glenwood Springs City Council unanimously approved releasing the bid estimates associated with the 7th Street Beautification Project.

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Greene: That time a Denver cop made up excuses to handcuff a reporter

The Colorado Independent: I parked and was using my iPhone to shoot pictures of the scene when Denver Police Officer James Brooks, badge No. 07030, blocked me, then got in my face and told me to stop. I said it was a public sidewalk and that I had the right to take photos. He said I didn’t.

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Colorado Springs City Council continues secret settlements; legislators call foul

The Gazette (Colorado Springs): Brown’s closed-door settlement is one of many. The approval reportedly came the day The Gazette previously reported that the council has doled out about $5.4 million in secret meetings to settle a string of cases including racial and gender discrimination. And it came after multiple council members expressed their unease with the process for settling high-dollar cases and said they want to make a change.

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Stormwater fees began in Colorado Springs, but some won't need to disclose what they pay

Colorado Springs Independent: Properties that are 5 acres or less will pay the stormwater fee without any adjustment for impermeable surface, while those larger than 5 acres will be charged fees determined by the city’s stormwater manager based on impermeable surface. And the latter charges will be kept secret, the city confirms, even though Mayor John Suthers assured the Independent before the measure passed that the records would be transparent.

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Aurora theater shooter's psychiatric reports unsealed by 2015 trial judge

The Denver Post: Fenton’s notes and the reports of two other psychiatrists who examined Holmes were made public for the first time when former 18th Judicial District Chief Judge Carlos Samour unsealed them. Samour unsealed the documents after The Denver Post filed a motion to release them.

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Colorado Supreme Court denies Colorado Independent petition for rehearing in death-row records case

The Colorado Independent: The state Supreme Court denied The Colorado Independent‘s petition for a rehearing of its request to unseal records related to prosecutorial misconduct in the capital case against Sir Mario Owens.

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Raehal: We stand behind Capital Gazette, journalism

Colorado Press Association: If you’re a journalist or someone working at a news organization, I simply want to say thank you. The very fabric of our country depends on what you do. An attack on a newspaper is an attack on our Republic and constitution.

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Thorpe: Strong leadership depends on strong news coverage

The Colorado Independent: The primary that just concluded was remarkable for several reasons. We had an influx of new voters, while suffering from a dearth of solid data. With even more people in need of good information, the race played out in quasi-silence, as significant differences between candidates went almost unremarked, important coverage appeared late, and much of it was placed in disparate locations. If you were not paying close attention to several websites at once, you probably missed the entire show.

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Taxpayers pay for both sides of Gessler ethics lawsuit, but how much?

Colorado Politics: Taxpayers are on the hook for more than half a million dollars from legal costs involving a lawsuit filed by then-Secretary of State Scott Gessler against the Colorado Independent Ethics Commission. But the exact amount will never be known, because the Secretary of State’s office disposed of the first two years of billing records related to the lawsuit while it was still moving through the courts.

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Post gets Douglas Co. school district to disclose confidential $2.2 million lawsuit settlement

The Denver Post: The Douglas County School District paid $2.2 million as part of a confidential agreement to settle a federal lawsuit alleging administrators ignored their duty to report to police allegations they received about a Rocky Heights Middle School teacher who went on to repeatedly sexually assault a 14-year-old girl. The school district initially had refused to disclose the settlement to The Denver Post when the newspaper asked for details while reporting on failures in mandatory reporting laws at schools throughout the state.

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Settlement ends library district's suit against Elbert Co. for trying to 'control' trustee selection

Elbert County News: A settlement has been reached in a lawsuit filed by Pines and Plains Libraries against the Elbert County Board of County Commissioners. Elbert County’s library district filed the lawsuit in January in opposition to a policy adopted by the board of commissioners a month earlier. That policy sought to “control the qualifications, appointment, tenure and termination of the library district’s board of trustees,” library officials stated at the time.

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Editorial: Newspapers shrink and communities pay

The Daily Sentinel (Grand Junction): How accountable would government be if there weren’t newspaper reporters poking around and asking questions? Unfortunately, there’s a growing body of evidence to suggest an answer; and it’s not pretty.

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The Colorado Sun's team of former Denver Post reporters aims to fill news gaps in Colorado

Denverite: With the building that once housed their newsroom looming behind them, a group of former Denver Post staffers announced their plans to launch a new local newsroom, the Colorado Sun.

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Editorial: Hickenlooper was correct to veto bill that limited review of child autopsies

The Durango Herald: Colorado Gov. John Hickenlooper was right to veto legislation earlier this month that would have limited child autopsy review to family members, law enforcement, those going through a related legal process and targeted human services organizations. The public has the right to access those autopsies, usually through news reports, which can help in resulting in good.

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Listen: When local newspapers fold, taxpayers pay the price

Colorado Public Radio: When local newspapers close down or lay off significant staff, the loss of that community watchdog can be measured. A new study that looked at two decades of trends in hundreds of papers finds a correlation between the loss or decline of a paper and an increase in the interest rates taxpayers have to front. Dermot Murphy, a finance professor at University of Illinois at Chicago and a co-author of the study, talked to Colorado Matters about the findings.

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Denver police will launch program to collect racial data on people during stops

The Denver Post: On July 15, the Denver Police Department will roll out a pilot project for collecting racial and ethnic data on people its officers decide to stop. “What we’re looking to measure is an officer’s perception in initiating a contact,” Calderon said. “What’s in the officer’s mind?”

Read more.

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FOI Litigation Fund
Having your FOI request denied may leave no other option than pursuing legal action against the rejecting public agency or official. The National Freedom of Information Coalition offers financial support to litigate open government lawsuits through the Knight FOI Litigation Fund. Backed by a generous grant from the Knight Foundation, the fund helps to defray upfront costs such as filing fees, depositions, court costs and other expenses associated with legal actions. Applications may be submitted through CFOIC or directly to NFOIC.

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The Colorado Freedom of Information Coalition is a 501(c)(3) nonprofit that relies on membership dues, grants and gifts. Please consider making a tax-deductible donation or becoming a member. Thank you!
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