HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/29/2018 - CONSIDERATION OF A MOTION AUTHORIZING RELEASE OF RAgenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY May 29, 2018
City Council
STAFF
Carrie Daggett, City Attorney
SUBJECT
Consideration of a Motion Authorizing Release of Records Withheld as Council Work Product.
EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider a motion authorizing release of records withheld as
Council work product in response to a records request.
STAFF RECOMMENDATION
Staff recommends approving a motion authorizing release of records withheld as Council work product.
Suggested motion:
I move that the City Council authorize release of documents that are not otherwise privileged and were
withheld as Council work product in response to a records request made by Judicial Watch.
BACKGROUND / DISCUSSION
On October 4, 2017, personnel from a blog, Judicial Watch, requested records from the City pursuant to the
Colorado Open Records Act (“CORA”). The City provided voluminous records to Judicial Watch in response to
the request. The request included, among several other requests, a request for the following:
Copies of any/all communications from May 12, 2017 to October 4, 2017 to include but not limited to
emails exchanged between Kim Baker Medina, Fuerza Latina, Jackie Kozak-Thiel (Fort Collins Chief
Sustainability officer), the Fort Collins City Manager’s office, the Fort Collins Police Department, the
Northern Colorado Fraternal Order of Police Lodge #3 and/or the Larimer County Sheriff’s Office.
Although the City provided numerous records to Judicial Watch personnel, the City withheld some records on
the basis that they constitute Council “work product” as that term is defined under CORA. Under CORA, work
product is not considered a public record and therefore a public entity is not required to disclose it when an
open records request is made. CORA gives authority to elected officials to release or authorize the release of
all or any part of work product prepared for them.
Release of the records withheld as Council work product may help to facilitate resolution of a claim filed by
Judicial Watch.