It might seem like the Sunshine Laws — Colorado’s Open Records and Open Meetings Laws — are only of importance to journalists covering the activities of elected officials and special districts, but the laws themselves are designed to benefit everyone, including members of the general public.
A rash of recent events have had folks asking “how do you know that?” Access to public records is almost always the answer. Sure, you can hear and repeat local scuttlebutt, but that’s not evidence.
(On a side note, scuttlebutt was originally a nautical term referring to the open cask of drinking water on a ship from which all the sailors drank. It’s an accurate analogy for the gossipy chatter in a small town or the content of various Facebook group feeds.)
A slew of records documenting public business are available for review upon request by “any person.” Not all records are available by CORA (Colorado Open Records Act) rules; some must be withheld and some may be withheld “on the grounds that disclosure would be ‘contrary to the public interest.’” Criminal justice records are subject to slightly different rules, but much is still available to the public under the Colorado Criminal Justice Records Act (CCJRA).
Determining what records are available and how to request them comes with a bit of a learning curve. Colorado residents are fortunate to have the Colorado Freedom of Information Coalition (CFOIC) answering questions and providing guidance to citizens seeking information.
Learning what is and isn’t kosher in open meetings is also important to know. If you’re involved with a board for whatever reason, it’s useful to know the basics of open meetings laws, like when it’s OK to go into executive session and how that is to be done. Board members — elected and appointed — are frequently themselves unfamiliar with CORA, and likely don’t realize those Sunshine Laws help protect them, too.
The comprehensive guide to Colorado’s Sunshine Laws is available in print (if you would like a copy, let us know) and more recently, has been made available online — conveniently searchable and indexed — at https://coloradofoic.org/open-government-guide
By NIKI TURNER – editor@editorht1885.com
