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Colorado Transparency News – Apr. 5, 2022
 
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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FROM CFOIC'S BLOG


Court of Appeals weighing judge's dismissal of CORA lawsuit seeking child-abuse hotline statistics

A case before the Colorado Court of Appeals will determine whether a state agency wrongfully denied two news organizations’ requests for aggregate statistics about child-abuse hotline calls made from licensed residential care facilities.

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Sunshine Madness nominations highlight government transparency barriers, failures

Several of the 24 entries stood out as glaring illustrations of the barriers and attitudes journalists and members of the public sometimes encounter when they request government records or otherwise try to monitor what their public officials are doing.

Read more.
NEWS FROM AROUND THE STATE

Harber: Presidential selection transparency at the University of Colorado

Yellow Scene: The Regents had promised the community an open and transparent process but appear to be laying the groundwork to name a single “finalist” so they do not have to disclose the names of other applicants.

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Montezuma-Cortez to 'ratify' administrative leave, separation agreement with former superintendent

The Cortez Journal: The Montezuma-Cortez RE-1 Board of Education plans to ratify its previous private decisions to place former Superintendent Risha VanderWey on paid administrative leave and to enter into a separation agreement with her.

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Editorial: Dubious calls in Jurinsky censure debacle demand release of secret meeting tapes

Aurora Sentinel: The secrecy, scheming and political exploits among Aurora City Council members involved in a sordid effort to undermine a censure charge against Councilmember Danielle Jurinsky have gone too far.

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Did this Colorado transparency law make it easier to understand how schools teach reading?

Chalkbeat Colorado: Colorado has unveiled an online database showing what reading programs schools use in kindergarten through third grade, part of a broader state effort to improve how schools teach reading.

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Larimer County judge rules Loveland did not act in good faith in message request

Loveland Reporter-Herald: An 8th Judicial District Court judge ruled that the city of Loveland did not act in good faith in filing a petition in early March regarding Mayor Jacki Marsh’s CORA request into messages between Mayor Pro Tem Don Overcash and a city employee.

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Denver judge dismisses defamation lawsuit against 9NEWS anchor Kyle Clark following Jan. 6 attack

The Colorado Sun: A judge threw out a Colorado man’s defamation claim against a 9News anchor finding that there was no evidence that the journalist included false information in his broadcast or that he acted “with actual malice,” according to his ruling.

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Judge dismisses Marshall Fire debris removal lawsuit

Boulder Daily Camera: Visiting District Judge Stephen Howard dismissed a lawsuit that argued Boulder County violated Colorado’s Open Meetings Law when selecting a contractor to lead its post-Marshall Fire debris removal program.

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Opinion: The blatant dishonesty of the Douglas County school board

The Colorado Sun: What transpired at the Feb. 25 court hearing, however, is more troubling than the intentional violation of Sunshine Laws. Three of four majority directors, including Board President Mike Peterson and Vice-President Christy Williams, testified that they had not made any “decision” concerning Wise’s employment until the Board’s Feb. 4 meeting.

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Montezuma-Cortez cancels meeting to re-create 'lost' recording of executive session

The Cortez Journal: The Montezuma-Cortez RE-1 Board of Education canceled a meeting where it planned to “re-create” the secret session in which former Superintendent Risha VanderWey was asked to resign.

Read more.

A new Colorado anti-doxxing law protects health care, child protection, code enforcement workers

The Denver Post: Health care workers, child protection workers, code enforcement officers and other public-facing, but unelected, workers can now get another layer of protection under a new law signed by Gov. Jared Polis.

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Douglas County school board hires more legal counsel

Colorado Community Media: The Douglas County School Board has retained a second law firm in its defense against a lawsuit alleging the four board majority members violated open meetings laws.

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Adams 14 is looking for a new external manager, but not sharing details

Chalkbeat Colorado: The Adams 14 school district is searching for a new external manager, but has released few details or the names of the finalists, despite interviews being set.

Read more.

Pagosa Springs lawyer files suit against Montezuma-Cortez school board

The Cortez Journal: A Pagosa Springs lawyer has filed a lawsuit against the Montezuma-Cortez School District, seeking to invalidate the board’s separation agreement with ousted Superintendent Risha VanderWey and to bar the board from taking formal action without legal public notice.

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Democrats advance election security bill, drop language targeting 'misinformation'

Colorado Newsline: A controversial provision in a Colorado election security bill that would have prohibited election officials from spreading misinformation was stripped from the legislation during a Senate floor debate.

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City of Aurora confirms closed-door council decision to end censure of Jurinsky

Aurora Sentinel: A week after a majority of Aurora City Council members voted to throw out allegations pending against Danielle Jurinsky, the city has doubled down on its assertion that the council did nothing wrong by deciding the matter in a closed meeting.

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Attorney suing Douglas County school board asks judge to consider if district's lawyers violated ethics rules

The Denver Gazette: The lawyer suing the Douglas County school board raised "serious ethical concerns" about the legal team representing the district in a court filing, and he asked the judge presiding over the lawsuit to consider if his counterparts had violated their ethical duties.

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Editorial: RE-1 school board must be transparent

The Cortez Journal: There’s no reason for secrecy. And why the haste? Why disregard the law and disrespect community members? Doing it this way creates turmoil and drama. Most important, distrust.

Read more.

City of Loveland releases text messages, emails requested by Mayor Jacki Marsh

Loveland Reporter-Herald: While Marsh received many of the messages from that time frame, many were not released as city officials deemed them not public record or placed them in a gray area where they were unsure if they should be released under CORA.

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Lawyer responds to Douglas County school board questions about Sunshine Laws

Colorado Community Media: An attorney involved in the lawsuit alleging Douglas County School Board members violated open meetings law has responded to some directors who said they are confused about how to comply with a judge’s order prohibiting serial meetings.

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State hid findings of 'life-threatening' errors at troubled mental health center

Colorado News Collaborative: A pattern of “severe, life-threatening” prescription errors by the troubled mental health center responsible for treating 10 Western Slope counties put many of its patients at risk, according to the findings of an official investigation that three state agencies withheld from the public for more than nine months.

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Aurora lawmakers end censure action against council member during 'flagrant' open meetings violation

Aurora Sentinel: A majority of Aurora’s City Council voted in private to dismiss a censure process pending against Councilmember Danielle Jurinsky — a vote that experts say was illegal under state transparency laws.

Read more.

Critics say PUC secrecy hampers public participation in cases hiking Coloradans' energy bills

The Denver Gazette: But ordinary Coloradans have for years been denied access to a swath of information, stamped "confidential" in filings, that could help them understand the legitimacy of the request to hike energy bills during a time of skyrocketing inflation and soaring energy costs that are expected to worsen as the war in Ukraine escalates.

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Removing FERPA's 'invisibility cloak' from records showing public employees behaving badly

Communications Lawyer: This article examines how FERPA has been, and continues to be, improperly invoked as grounds to withhold—often in their entirety—public records that discuss the on-duty official performance of public servants merely because they are employed in the field of education.

Read more.

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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