Changes to the Colorado Open Records Act (CORA) currently being considered by state lawmakers could stop an individual from accessing government records for 30 days if they are determined to be “vexatious”.
Under House Bill 24-1296, a records custodian can ask a district court to determine that an individual or entity is vexatious. The bill says a vexatious requester is someone who submits a request for public records with the intent to annoy or harass a custodian.
If a judge decides a requester is in fact vexatious, after weighing 11 factors that include the number of requests made and “a pattern of conduct that amounts to an abuse of requests or an interference with the public entity’s operation,” the records custodian could delay providing records. The individual would also be considered vexatious for three years.
Passed into law in 1968, CORA provides citizens with the power to request public records – besides justice records – from state and local government entities unless a specific provision of CORA or other state law says otherwise.
But modifications to the law currently being considered aim “to lessen the burdens of responding to records requests for custodians”, according to the bill sponsors.
The CORA bill gives records custodians five working days, rather than the law’s current deadline of three working days, to comply with records requests, and an additional 10 working days if extenuating circumstances apply.
However, advocacy group, the Colorado Freedom of Information Coalition (CFOIC), opposes the “additional obstacles” created by bill, calling it a “step backwards”.
“It is sad that at a time when we are being bombarded with misinformation and disinformation, lawmakers are seeking to curtail the public’s right to receive accurate information, through public records, on a timely basis,” said CFOIC president Steve Zansberg.
Zansbery says CORA is already difficult to use as “exorbitant fees” associated with records requests are a significant barrier for many people.
One of the bill’s sponsors, Rep. Cathy Kipp, D-Fort Collins, said people absolutely had the right to obtain public records.
“And, I also understand, that there are people who use CORA requests to bog down governmental entities with many, many requests. Sometimes CORA requests are used to ‘verify’ conspiracy theories or urban legends,” said Kipp.
“This bill will provide a little extra breathing room for these governmental entities who are already operating on tight budgets to meet the requests of individuals who are requesting information – still in a timeframe that is less than required by most other states.”
