DUE DILIGENCE

 

Colorado Open Records Act (CORA)

Overview

Golden View Classical Academy (“Golden View”) is committed to transparency and open government. As outlined in the following policy, Golden View complies with Colorado’s Open Records Act (“CORA”).[1] Golden View applies this policy in a uniform and reliable manner to ensure it satisfies both the letter and spirit of CORA.

This policy is not intended to be duplicative of CORA or to supersede state law. It applies solely to records requests where Golden View has custody and control of the public records in question.

CORA records request

All Records requests made of Golden View must be emailed to CORA@GoldenViewClassical.org and shall be provided to Golden View’s Record Custodian. Golden View will only accept and process records requests made electronically via email. Records requests that cite the federal Freedom of Information Act will be treated as though they were made pursuant to CORA.

Consistent with CORA, Golden View will make every effort to respond to a valid request within three working days.[2] Golden View will consider a request received the day it receives and opens the written correspondence. The three working-day response time begins the first working day following receipt of the request. Golden View reserves the right to issue a seven-working-day extension where extenuating circumstances exist.[3]

No Golden View employee may modify, redact, or omit responsive records provided to Golden View’s Record Custodian. The Record Custodian – after consulting with Golden View’s legal counsel, if necessary – will make all determinations regarding the applicability and scope of CORA to a particular record.

When practical, Golden View will provide electronic copies to requestors. But when responsive records cannot be cost-effectively provided electronically to a requestor, Golden View will schedule a mutually agreeable time for the requestor to inspect the records in person. Golden View will schedule inspections during normal school hours.

 Fees for document retrieval, review, and copies of release of records

When a request seeks the production of more than 25 pages of documents or demands more than one hour of staff time to locate or produce records, Golden View shall charge the requester for all copying expenses and reasonable, actual costs associated with staff time.[4]

In the event Golden View charges a requestor, Golden View may charge $0.25 per page for all photocopied documents. When producing records consumes more than one hour of staff time, Golden View shall charge $30 an hour for all staff time beyond the first hour associated with locating and producing records for a requestor. Any costs charged to a requestor shall not exceed the actual cost of producing the records.[5]

In the event Golden View anticipates producing more than 25 pages or utilizing more than one hour of staff time, Golden View will provide a requestor with advance notice and an estimate of compliance costs. Absent an alternative written arrangement, the costs must be paid in full before Golden View will produce the requested records.

Format for produced records

CORA guarantees that all public records must be open for inspection by any person at reasonable times.[6] CORA does not guarantee access to public records in a specific format. Accordingly, Golden View retains the authority to determine the appropriate format for the records to be produced. This means records may not be provided in their native format.

Golden View may require that members of the public or press are only permitted to review copies of documents when the Records Custodian determines that allowing access to originals could interfere with the regular discharge of Golden View’s employees’ duties or production of original records could jeopardize those records.

Records generally exempt from disclosure

CORA exempts certain records from disclosure.[7] The following list is not a complete account of Colorado law. A requestor should review CORA to understand precisely which records are not subject to disclosure. But as a general guideline, the following records are exempt from public disclosure:

  • Medical, mental health, sociological, and scholastic achievement data on individual persons.
  • Personnel files.
  • Letters of reference.
  • Trade secrets, privileged information, and confidential information, including social security numbers.
  • Addresses and telephone numbers of Golden View’s students.
  • Any records of sexual harassment complaints and investigations, whether or not such records are maintained as part of a personnel file.
  • Records protected under the common law governmental or “deliberative process” privilege.

[1] C.R.S. § 24-72-201-206.
[2] C.R.S. § 24-72-203(3)(b)
[3] Id.
[4] C.R.S. § 24-72-205(5)(a).
[5] Id.
[6] C.R.S. § 24-72-201.
[7] C.R.S. § 24-72-204(3)(a).