City Council Study Session Agenda and Packet 2019 11 12

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There are advantages and disadvantages to the extensive use of special boards, commissions, and citizen committees. They can provide a convenient way to obtain technical advice, and they also may provide two-way access to important areas of public opinion and a way to build and maintain public support. On the other hand, they are not a substitute for responsible administration, and too many boards or commissions may hamper efficient administration by spreading authority and responsibility too widely. Sometimes the needed information or advice can be better obtained from within the municipality's administrative organization or from professional consultants, making a study committee or advisory committee a cumbersome addition to municipal organization. OPEN RECORDS No discussion concerning the conduct of public business would be complete without mention of Colorado's Open Records Act, (CORA).188 CORA is intended to allow the public to inform themselves of the myriad activities, transactions, and information related to the operations and decisions of their government. CORA, in conjunction with Colorado's Open Meeting Law, are the two primary forces in Colorado for assuring government transparency and enforcing the public's "right to know." The definition of "public records" found in CORA is quite expansive and applies to virtually all levels and types of governments in Colorado, except for the federal government and tribal governments. It includes all writings, books, papers, photographs, tape recordings, and electronic mail made, maintained, or kept by the state, any agency, institution, or political subdivision of the state, and any elected or appointed public official for use in the exercise of functions required or authorized by law.184 There are some exceptions, based on an assumption that in very limited circumstances, a balancing of competing public's interests favors the protection of certain types of documents from the public realm, i.e., that disclosure would do more harm than good to important public interests. Examples include draft documents and staff research; communications from constituents involving a personal or private matter; security plans; and names, addresses, and other personal information of the entity's employees. There are several other exceptions and the municipality receiving one is strongly urged to respond with the assistance of legal counsel. CORA provides that "any person" may inspect public records. "Person" includes any natural person, as well as corporations, limited liability companies, partnerships, and associations. Requests for public records should be submitted to the records' "custodian." CORA broadly defines a "custodian" as the official custodian or any authorized person who has personal custody and control of a public record. Depending on the record in question, the custodian may be a defined person or a government agency or department. 183 C.R.S. §§ 24-72-201 et seq. 184 A graphical summary of CORA's requirements and exceptions is included in Appendix B. See also "CORA -Exceptions, Exclusions, & Extensions" (courtesy Colorado Office of Legislative services; available at leg.colorado.gov/publications/law- summary-colorado-open-records-act-cora. ) Heather Balser / City of Louisville Order# 42201 NQrlervate: 10g31/2019 Copyright by Croft COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION