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function or the receipt of public finds." See id. at 205. A mixed <br />message that addresses both the performance of public functions <br />and private matters must be redacted to exclude from disclosure <br />the information that does not address the performance of public <br />functions. See id. The open records law does not mandate that <br />e -mail records be disclosed in complete form or not at all. See <br />id. <br />Therefore, e-mails of a personal nature received or sent by the <br />elected officials are not susceptible to Open Records Act <br />requests, unless they are mixed messages, in which case they <br />must be disclosed, with the personal communications redacted. <br />c) A communication from a constituent to an elected official that <br />clearly implies by its nature or content that the constituent <br />expects that it is confidential or a communication from the <br />elected official in response to such a communication from a <br />constituent: <br />d) Subject to nondisclosure as required in section 24 -72 -204 (1). <br />Section 24 -72 -204, C.R.S., describes the grounds for allowance <br />or denial of inspection of public documents and the procedures <br />to be used by the custodian of the "public records." The <br />custodian "shall" allow inspection of public records, unless the <br />inspection would be a violation of state law, a federal statute, a <br />federal regulation, the rules of the supreme court, or the order of <br />any court. See C.R.S. § 24 -72 -204 (1). Additional grounds for <br />refusal to allow inspection are provided in subsections (2) and <br />(3) of section 24 -72 -204. <br />Subsection (3) provides a plethora of grounds for refusal, most <br />of which are concerned with the legitimate privacy interests of <br />individuals. Most relevant to the e -mails of the local elected <br />officials is the grounds based on the "deliberative process" <br />privilege. The statute states that "[t]he custodian shall deny the <br />right of inspection of ... records protected under the common <br />law governmental or "deliberative process" privilege, if the <br />material is so candid or personal that public disclosure is likely <br />to stifle honest and frank discussion within the government, <br />unless the privilege has been waived." C.R.S. <br />§24- 72- 204(3)(a)(XIII). The statute goes on to describe the <br />specific procedures that must be followed in claiming the <br />Page 21 of 26 <br />