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(B) Without a demonstrable connection to the <br />exercise of functions required or authorized by <br />law or administrative rule and does not involve <br />the receipt or expenditure of public funds; <br />(C) A communication from a constituent to an <br />elected official that clearly implies by its nature or <br />content that the constituent expects that it is <br />confidential or a communication from the elected <br />official in response to such a communication from <br />a constituent; or <br />(D) Subject to nondisclosure as required in <br />section 24 -72 -204 (1). <br />2. C.R.S. § 24 -72 -202 (6)(a)(II). "Correspondence" is defined under the <br />Open Records Act as "a communication that is sent to or received by <br />one or more specifically identified individuals and that is or can be <br />produced in written form, including, without limitation . . . <br />[c]ommunications sent via electronic mail." C.R.S.§ 24 -72 -202 (1). <br />The statute goes on to define "Electronic mail" as "an electronic <br />message that is transmitted between two or more computers or <br />electronic terminals, whether or not the message is converted to hard <br />copy format after receipt and whether or not the message is viewed <br />upon transmission or stored for later retrieval." C.R.S.§ 24 -72 -202 (1). <br />3. Exceptions to Open Records <br />The Open Records Act and the public's right of inspection reaches all <br />of an elected official's e-mails if they are "public documents," subject <br />only to the exceptions listed in subsection 24 -72 -202 (6)(a)(II). Those <br />exceptions are as follows: <br />a) Work product: <br />E -mail or correspondence comprising "work product" is exempt <br />from the public inspection requirements of the Open Records <br />Act. See C.R.S. § 24 -72 -202 (6)(a)(II)(A). Under the Open <br />Records Act "`Work product' means and includes all intra- or <br />inter - agency advisory or deliberative materials assembled for the <br />benefit of elected officials, which materials express an opinion <br />or are deliberative in nature and are communicated for the <br />purpose of assisting such elected officials in reaching a decision <br />within the scope of their authority." C.R.S. § 24 -72 -202 (6.5). <br />The statute also very carefully defines what is "not" work <br />product. "Work product" does not include: <br />(I) Any final version of a document that expresses a final <br />Page 19 of 26 <br />