We love highlighting government transparency, and there have been a few situations in particular over the last week we’d like to call attention to.
On April 17, we were pleased to see Gov. Jared Polis veto SB25-077, which proposed modifications to the Colorado Open Records Act (CORA).
We’ve been watching the act since it was introduced in January because it looked to make several changes to the state law, including some that could be harmful to Coloradans seeking information.
One set of provisions in particular was concerning to us, with those proposed changes aiming to create different timelines for governmental entities to respond to CORA requests based on who made the request — three working days for requests from a mass medium or a newsperson and five working days for others, as well as 30 days if the request is made for the direct solicitation of business for pecuniary gain.
While we appreciate that the bill would have left the three-day turnaround for public records requested by media, that’s also one area where the bill became problematic.
First, while we as media report on what goes on in our community largely because it’s impossible to be everywhere all of the time and being timely is key to keeping a community informed, we are not special. We are also citizens. All citizens should be able to have timely access to records without feeling like there’s a tiered system.
It also put keepers of records in what could be an incredibly awkward and problematic position of determining who is legitimate media and who should receive records according to each timeline.
“Transparency in government is essential to a healthy democracy,” Polis wrote to the Colorado General Assembly in vetoing the bill before addressing his concerns.
Polis suggests in the letter, “The bill leaves the custodian with far too much power to define who is and is not a member of the media, and what is and isn’t news. For instance, a public official may deem a request from a media outlet focusing specifically on climate change as not meeting the statutory definitions of’newsperson’ [sic] or ‘mass medium’ given the perspective of some elected officials that climate change is categorically not news.”
Polis also addresses the differing timelines that were proposed, writing, “Essentially, under this bill, speed to access public information is determined by who you are. A newsperson, a member of the public, and a person seeking financial gain may all request the same information and, under this bill, get access to that information on different timelines. To
ensure fairness and confidence in public transparency, all legitimate requests for public transparency under CORA should be treated equally under the law, without preference for some requestors over others.”
On Tuesday, we were disappointed to hear that members of the Upper San Juan Health Service District, which operates Pagosa Springs Medical Center, admitted to violating board policy, but we were pleased with the transparent and sincere manner in which the violation was acknowledged publicly in a board meeting.
Board chair Kate Alfred opened her report to the board by acknowledging that she, as has been done many times over the last 12 years, spoke with CEO Dr. Rhonda Webb after Webb’s annual evaluation, but before board discussion on the matter.
That, she explained, was intended to help ease anxiety and avoid any surprises, clarifying the evaluation was already finished.
She also noted she later learned it is a violation of board policy.
Ann Bruzzese, PSMC’s chief administrative officer and in-house legal counsel, also took blame, with Alfred adding that the board has the policy and she should have remembered it.
“It won’t be done that way again in the future,” Alfred told the board.
We also appreciated the transparency of Rep. Jeff Hurd during his visit to Pagosa Springs Tuesday. After hearing that people may be present to protest the current administration’s actions upon his arrival, Hurd didn’t skip the visit or find a way to sneak in a back door.
Instead, he took the time to greet each of the protesters outside and speak to them about their concerns, then having a respectful meeting with the commissioners.
We hope transparency and respect will continue and help to lessen divides.
Randi Pierce
