Colorado FOIC – A $6,750 deposit to search the city clerk’s emails? Records retention an issue for small governments

Emails of public officials are open for inspection under the Colorado Open Records Act, depending on their content. Such messages can reveal important insights into how government decisions are made, but using CORA to obtain emails can be a frustrating and sometimes futile exercise because records-retention policies tend to be vague and discretionary.

The Sheridan clerk’s response to Houston’s records request highlights an all-too-common scenario: Emails can vanish with the click of a mouse, and the cost to recover them can be prohibitively expensive in some government jurisdictions, especially smaller ones with modest budgets for information technology.

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