City Council Study Session Agenda and Packet 2004 01 27

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III. OVERVIEW OF THE OPEN RECORDS ACT. A. Policy and Definitions. 1. The Open Records Act (C.R.S. § 24 -72 -201 et sq.) declares that it is the public policy of the state that "all public records shall be open for inspection by any person at reasonable times" except at provided by the Act or other law. 2. The Act is centered largely on its definitions. Two key definitions include: a. Public Records (C.R.S. ' 24- 72- 202(6)). This term is defined expansively to mean "all writings made, maintained, or kept" by the government. It includes the correspondence of elected officials, as discussed more below. b. Writings (C.R.S. ' 24 -72- 202(7)). Writings include books, papers and similar items that might readily come to mind. However, writings also include "tapes, recordings or other documentary materials, regardless of physical form or characteristics" and "digitally stored data, including without limitation electronic mail messages." B. Basic Disclosure Requirements. 1. The Act essentially requires that the official custodian of the public records make the records available for inspection or copying within a specific period of time after a request is made. 2. The custodian may deny access to certain public records, and must deny access to certain other public records. 3. An open records request generally must be processed within three days unless there are "extenuating circumstances" that justify an extension, not to exceed seven days. C. Correspondence and Work Product of Elected Officials. 1. The definition of "public records" specifically includes the correspondence of elected officials; "correspondence" include written letters and e- mails. Therefore, the correspondence is subject to disclosure unless it is: a. Work product (discussed below); b. Unrelated to the official's public duties or to public funds; c. From a constituent to the official and clearly implies an expectation of confidentiality; or 4