Proposed Bill in Colorado Threatens Government Transparency and Public Access to Records
A bill introduced in the Colorado House, House Bill 24-1296, is raising concerns among advocates for government transparency and the public's right to access public records.
The bill, sponsored by Reps. Cathy Kipp and Matt Soper, includes provisions that could limit access to records, label requesters as "vexatious," and withhold records under the guise of protecting personal privacy.
These measures undermine the principles of accountability and transparency that are essential to a functioning democracy.
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One of the most alarming aspects of the bill is the provision that grants records custodians the power to deem someone a "vexatious requester" and bar them from obtaining public records for a period of 30 working days. This designation can be used to silence individuals who are seeking information and holding government entities accountable.
It is essential to protect the rights of citizens to access public records without fear of being labeled as nuisances or troublemakers.
Furthermore, the bill allows government entities to take longer to respond to records requests made under the Colorado Open Records Act (CORA). The three-working-day deadline is maintained in the statute, but custodians are given additional time to evaluate the request for potential costs or fees. This delay can create barriers for the public and make it more difficult to obtain timely and accurate information.
The bill also introduces a broad new exemption that enables the withholding of records that could "invade another individual's personal privacy."
While protecting personal privacy is important, this provision is vague and open to interpretation. It could potentially be used to shield government misconduct or prevent the public from accessing crucial information about public employees, including disciplinary records. This undermines the public's right to know and hampers efforts to hold government officials accountable.
Additionally, the bill restricts access to government employees' calendars, except for elected officials and certain leadership positions. While the intention may be to prevent stalking or harassment of government employees, it is essential to strike a balance between privacy concerns and the public's right to information.
“Journalists” are granted access to these calendars, but the broader public is denied the same opportunity, further limiting transparency.
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These proposed restrictions come at a time when the cost of obtaining public records in Colorado is already a significant barrier for many requesters. Starting July 1, government entities will be allowed to charge an hourly rate for processing requests, potentially exceeding $40. This can create financial burdens for individuals and organizations seeking information and further hinder the public's ability to hold their government accountable.
Critics of the bill argue that it undermines transparency and accountability, especially at a time when misinformation and disinformation are rampant. The public's right to access accurate information through public records should be upheld and protected.
Steps that limit access and impede the timely release of information should be vigorously opposed.
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