4. Statutory GuidelinesCO Election Law Campaign Finance
CORA/FOIA CO Sunshine Law If you dont know, ask Knowledge is power
Learn It
5. Vulnerabilities Voter Roll Emergency Voter Registration Same
Day Voter Registration 24 Hour Drop Box Poll Watcher Access Canvass
Process Lost Challenges
6. RECORD EVERYTHING If it is not documented in writing or on
video, it did not happen
7. Observe & Test Test Policy/Process Document Assess
Report Findings
8. Video - Brandon Registering To Vote in Denver
9. Video -James AG Holder Senator Udall
10. Just show up and record
11. VIDEO TRACKING RISKS Legal Physical Harm Who is filming you
while you film Blowing your cover Once recognized, element of
surprise and incognito is gone Recording laws vary by state
12. Methods of Access Ask Web Observe Dumpster Diving
CORA/FOIA
13. Open Records FOIA CORA (Sunshine Law) Meetings / Executive
Session What is accessible to the public Criminal Records Act PD,
Sheriff, DOC, Sheriff
14. CO Press Association PDF http://tinyurl.com/osbalc6 CO
Municipal League Open Mtgs http://tinyurl.com/oobqdxe Primer Exec
Session Checklist http://tinyurl.com/k3qf5ml
15. CORA Colorado Open Records Act - 24-72-201 et seq. Colo.
Rev. Stat.
16. LEGISLATIVE DECLARAION The CORAs opening section
establishes public policy of broad, open access to government
records Legislative declaratives. It is declared to be the public
policy of the state that all records shall be open for public
inspection as provided in this part or otherwise specifically
provided by law 24-72-201, C.R.S.
17. PROCESS Is it Public Is it accessible AskInspect Verify
Source
18. Countervailing Policy Public disclosure of certain
communications would deter the open exchange of opinions and
recommendations between government officials
19. WHAT IS PUBLIC? The general policy of the Act is that all
public records are open to inspection unless specifically excepted
by law.
20. CO PUBLIC RECORDS LAW (24-72-201+) LEGISLATIVE POLICY:
declares that all public records shall be open for inspection by
any person at reasonable times
21. CORA STATUTORY ELEMENTS 1. Definition of public record 2.
Procedure to access 3. Exemptions
22. ELEMENTS OF PUBLIC RECORD 1. Any paper, data, or other
documentary material regardless of hard-copy or electronic format
2. made, maintained, or kept by 3. an entity that falls within the
scope of the state or a state agency, state institution, a
political subdivision of the state 4. for use in the exercise of
governmental functions.
23. ACCESS What information is accessible?
24. DEFINITION OF PUBLIC RECORD Writings means and includes all
books, papers, maps, photographs, cards, tapes, recordings, or
other documentary material regardless of physical form or
characteristics. Writings includes digitally stored data, includes
without limitation electronic mail messages, but does not include
computer software.
25. DEFINITION OF PUBLIC RECORD Writings Exclusions Criminal
Justice Records Work Product for elected officials Crime victim
correspondence records Notification of possible arson loss
Correspondence with explicit expectation of privacy Computer
Software
26. DEFINITION OF PUBLIC RECORD Work Product Inclusions
Deliberative materials assembled to assist elected officials in
reaching a decision, such as background information or drafts of
documents expressing a decision. Drafts of bills or amendments.
Research by Legislative Council for a legislator and identified as
proposed legislation. A legislator can request that the final
product remain work product; otherwise, it becomes public
record.
27. DEFINITION OF PUBLIC RECORDWork Product exclusions Final
versions of documents expressing an official decision; fiscal or
performance audit reports on public entity management or the
expenditure of public funds; or final financial reports. Materials
distributed in a public meeting or identified in the text of a
document that expresses a decision. Documents which consist solely
of factual information compiled from public sources, including
comparison of existing laws, etc. in other jurisdictions or
compilations of existing public information, statistics or data
explanations of general areas of law or policy.
28. EXCEPTIONS The custodian of public records must allow any
person to inspect any record unless: 1.State statutes have closed
it; 2. Federal law forbids it; 3.The Supreme Court or a state court
has closed the record.
29. EXEMPTIONS Permissive Exemptions Police Investigations,
intelligence, security procedures Non-Criminal Justice Agency Child
protective services Test questions or scoring keys Specific details
of research projects by state agencies Specific details of research
on proposed legislation by legislative staff or Governor Real
estate appraisals until property is transferred Info generated by
bid analysis or mgmt system of DOT Individual identifying records
from Dept of Revenue (DMV)
30. EXEMPTIONS Mandatory Exemptions Medical, psychological,
sociological and scholastic achievement data. A coroner's report is
open. Scholastic information is available on finalists for
executive positions. Marriage license applications are closed, but
marriage licenses are public records. Personnel files. Personnel
files include only: home addresses, phone numbers, financial
information, and other similar private information maintained
because of employer- employee relationship and document Letters of
reference Trade Secrets Library and museum material contributed by
private persons Add and phone of public school children except to
recruiting officers Library records disclosing id of user
31. EXEMPTIONS Mandatory Exemptions Library and museum material
contributed by private persons Add and phone of public school
children except to recruiting Add, phone, personal finances of
public utility users, public facility users, recreation or cultural
service users Sexual harassment complaints unless released by
complainant or person charged (private & separate from that
covered in criminal justice records act) Motor Vehicle Records
(other than traffic accident reports) except for certain specified
uses which do not include the press (Employment Verification for
Drivers, Law
32. DEFINITION OF PUBLIC RECORD Correspondence Email is
correspondence EXEMPTIONS 1.Work product 2.Correspondence not
connected to official duties, public business, or public funds
3.Message to official from constituent expressing expectation of
confidentiality
33. COLUMBINE EXCEPTIONCORA permits denial of access under a
catch-all provision protecting against substantial injury to the
public interest 24-72-204(6)(a) C.R.S.
34. THE ASK There is never any harm in asking Custodial may not
know the law Even if its not a public record, ask
35. DENIED Custodian is required by law to provide you the
statutory exemption and reason for the denial. They must provide
the statute Research Case Law on Google
36. Sunshine Law (Open Meetings) 24-6-401et esq Colo. Rev.
Stat.
37. Meetings Any kind of gathering convened to discuss public
business, in person, by telephone, electronically, or other means
of communication All meetings of TWO OR MORE members which public
business is to be discussed or formal action is to be taken are
open Social Gatherings and chance meetings are exempt if discussion
of public business is not the central purpose Emails between
elected officials on matters other than public business is not a
meeting What about lunch between 2 legislators?
38. Public Notice Public Notice is to be given prior to all
meetings where adoptions of proposed policy, position, resolution,
rule, regulation, or formal action occurrs Local Public bodies must
give a minimal of 24 hour advance notice and specify agenda if at
all possible County Notice Exemption Commissioners do not have to
give 24-hr notice if two or more meet to discuss day-to-day
oversight of property or supervision of employees. Hiring, Firing,
Buidling a new courthouse, or buying major equipment is not
considered oversight
39. Meeting Minutes Minutes are to be taken and properly
recorded Minutes of Exec session must only include topic of
discussion School Boards are required to make an electronic
recording of any meeting at which decisions can be made Retention
requirments = 90 days
40. COSTCopies may be made of any public record at a cost of
not more than 25 cents per page; however, an additional "reasonable
fee" may be charged for: 1.Requester may have to pay costs to
manipulate the data. Subsequent requesters to pay same as first.
2.Use of a computer program other than word processing if necessary
to provide a record. Fee for a copy can recover costs of the
system; however, this may be waived for public purposes, including
journalists, nonprofits and academic research. 3.3. Records "not
readily available" must be provided within three working days,
unless custodian in writing declares there are "extenuating
circumstances," such as number of documents required. This extends
access time to seven days.
41. WOW THATS A LOT TO REMEMBER
42. SPLC Letter Generator
43. What to CORA Emails, Text Messages Calendars, Visitor Logs
P-Cards, Expenses and Itemized Receipts Travel Expenses Know
expense policy and limitations, ROI / Benefit Contracts Know
bidding process CCW lists, Voter Files CORAs
44. CORA Submitted Now What? Response Time Reasonable Fees
Statutory Reason for Denial
45. RECURRING ISSUES They want to know why you want info They
require you to use their form or procedure Cost charge for county
business (time to review/redact) Timeline requirements,
Unresponsive Purging, illegal destruction of public records Using
personal accounts, cell phones for business Handling Violations of
CORA Shame them Seek Legal Advise / Get a lawyer Media Release
Write about it Ask credentialed media to place request
46. Michie
47. CO CASE LAWCFI Steel v. Office of Air Pollution Control
2003 Cole v. State of Colorado 1983 Dawson v. State Compensation
Insurance Authority 1990 Denver Post v. Ritter 2008 Denver Post v.
Stapleton Development 2000 Denver Post v. University of
Colorado1987 Downing v. Brown 1877 Freedom Newspapers v. Colorado
Springs 1987 Glenwood Post v. City of Glenwood Springs 1986
Hudspeth v. Board of County Commissioners 1983 International
Brotherhood of Electrical Workers v. Denver Metropolitan Major
League Baseball Stadium District 1994 Times-Call Publishing Co.
Inc. v. Wingfield 1966 Wick v. Montrose County Board of County
Commissioners 2003 Zubeck v. El Paso County Retirement Plan
1998
48. Tools & Resources PDF on AdCo GOP Website
http://adcovictory.com/files/Resea rch%20Tools.pdf
51. Adams County http://www.co.adams.co.us/ Meetings, agendas,
recordings Transparency portal Search tool Contact info Elected
officials County Clerk & Recorder Election Center
52. Google Search Quotes Basic Boolean Search Operands
53. Budget Know your sources: Planning Tool (budget) Not the
hard numbers (CAFR) Statutory requirements (k-12)
54. CAFR Know your sources Hard Numbers Legally binding
55. CBI For $8, you can get a comprehensive list of charges CO
State Specific Name, DOB, SSN, Address Use to validate selective
disclosure of records County vs Municipal LE agencies
58. CAMPAIGN FINANCE COMPLAINT Get legal council Administrative
law and process moves fast Civil Rules of Procedure Discovery Prep
presentation to judge before you file Intro Witnesses Evidence
Closing
59. Legislation Salazar bill to cap CORA charges passed Is
legislation being implemented E-verify
60. K-12 Staff and Salaries Union Contracts Pizza, Catering,
and Coffee Flowers for Superintendant
61. ROI They are spending your money How does it benefit
taxpayers What is the ROI? Chaz trip to DC
66. Sample Voter Fraud Veritas on Udall Texas Watchdog
67. TOSA Teacher On Special Assignment Adams 12 Five Star
68. Resources Open Records Law C.R.S. 24-72-201 et seq. Open
Meetings Law C.R.S. 24-6-401 et seq. CO CONSTITUTION SPLC Letter
Generator
69. MORE LINKSThe Colorado Channel CO Legislative Council
Calendar Colorado Legislative Social Calendar Colorado Tax Increase
Colorado Union of Taxpayers (CUT) Fiscal Grade By State Govt Track
Colorado Independence Institute Principles Of Liberty State Data
Lab Stop Stormwater Utility
