Colorado Open Records Act tips
Requesting information from the government is your right.
Each government has an organizational chart illustrating the chain of command, at the top of every one of those charts is you and me, the taxpayers.
Your right to review public records of a federal government agency is provided by the Freedom of Information Act (FOIA).
You have the same right to review records for Colorado governmental agencies under the Colorado Open Records Act (CORA). CORA specifics can be found in Title 24 of our Colorado Statutes.
How to get information:
Each government has a designated custodian for their records. An example: City Clerk or in some governments you'll deal with the Public Information Department.
Almost all government records are open to our inspection. Exceptions exist in some personal records, example: College Invest student records.
Your request to the custodian needs to be put into writing (email may be acceptable) and be very specific about what you want and what you don't want . Protect yourself by being very clear about being made aware of the cost for the record search.
If you request information from the wrong entity they should contact you and to the best of their ability direct you to the correct entity.
For specific, limited requests, you should receive the information 3 days after your request is received. If the request is intense and requires extraordinary research, the custodian is allowed another 7 days to provide the information. If it will take more than the 3 days, the custodian should provide notice to you within the original 3 day period.
You may face fees. Even if you do not want to purchase paper copies or a digital copy such a CD, you may have to pay research fees. The fees are to be reasonable. You should always ask for an estimated cost up front.
More than one activist has been sticker-shocked and a whole lot poorer when they've requested records and find out it's a couple hundred dollars, because they didn't ask first.
Another tactic I use is that I refuse to pay for records until they are ready so I can look at them and make sure I'm got what I asked for.
Fees for Record Searches
The government doesn't have to charge you fees. I've been treated better by some entities than others.
You can always just ask to review the documents you've requested and hope it's at no charge.
If you want a copy: ask if it's ok to bring your own CD, digital storage device (thumbdrive), take a photograph of a document or ask if it be emailed to you.
Of course, it's not always free. Pricing information can be found under Title 24 of our Colorado Statutes.
CRS 24-72-205 Copy, Printout or Photograph of a Public Record "A custodian may charge a fee not to exceed twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page."
Unfortunately, CD copies can be expensive, I've paid $50 just for a CD copy charge. Is a $50 copy charge for a CD reasonable? Not in my world.
I've encountered fees for research labor in which you pay the employees' salary. The hourly labor costs have varied quite a bit, from $17.50 for the Regional Transportation District (RTD), $50.00 for the City of Lakewood, all the way up to $70 for the Public Employees' Retirement Association (PERA).
You'll find a couple sample letters under the "DIY - getting records" page.
