Public Records Request - Colorado

COLORADO OPEN RECORDS ACT REQUEST

(C.R.S. Section 24-72-201 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Colorado Open Records Act Request Letter
Date: [DATE]

To:
[CORA CUSTODIAN NAME]
[AGENCY NAME]
[OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [CORA OFFICE E-MAIL]

From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]

Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]

Recitals
A. The Requester seeks access to public records pursuant to the Colorado Open Records Act ("CORA"), C.R.S. Section 24-72-201 et seq.
B. The Requester submits this Request to obtain public disclosure of the records described herein and, where applicable, to secure timely processing and fee limitation rights provided by CORA.

Effective Date. This Request is effective on the date first written above (the "Effective Date").
Jurisdiction. Issues arising under or relating to this Request shall be governed by CORA and other applicable Colorado law.

2. DEFINITIONS

For purposes of this Request, capitalized terms have the meanings set forth below:

"CORA" means the Colorado Open Records Act, C.R.S. Section 24-72-201 et seq., as amended.

"Custodian" means the official custodian of records for [AGENCY NAME] as defined by C.R.S. Section 24-72-202(2).

"Agency" means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.

"Business Day" means any day other than Saturday, Sunday, or a state legal holiday.

"Records" includes writings, as defined by C.R.S. Section 24-72-202(6), made, maintained, or kept by the Agency regardless of physical form or characteristics.

"Requester" means the individual or entity identified in Section 1 as the submitting party.

3. OPERATIVE PROVISIONS

3.1 Request for Specific Records.
The Requester hereby requests that the Custodian conduct a reasonable search and promptly disclose the following Records:

(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.

3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records.
c. Alternate Formats. If certain Records are more readily available in a form other than that requested, produce them in their original form.

3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format with searchable capability, unless producing such format would impose an undue burden.

3.4 Fees & Limitation.
Requester agrees to pay reasonable fees as permitted by C.R.S. Section 24-72-205, up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Custodian shall provide an itemized written estimate and obtain written authorization before proceeding.

3.5 Response Time.
Under C.R.S. Section 24-72-203(3)(b), the custodian shall make a determination within three (3) working days whether the request will be granted or denied. If additional time is needed, the custodian must provide written notice of the extension and the reasons therefor.

3.6 Exemptions & Segregability.
If the Custodian withholds any portion of a Record based on an exemption under CORA, it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions; and
d. Cite the specific statutory exemption relied upon.

3.7 Preservation of Records.
The Custodian shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records pending resolution of this Request or subsequent judicial action.

3.8 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or, if necessary, on physical media sent to the address listed in Section 1.

4. REPRESENTATIONS & WARRANTIES

4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.

4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with CORA.

4.3 Compliance. Requester represents that submission of this Request complies with all applicable Agency regulations implementing CORA.

5. COVENANTS & RESTRICTIONS

5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed fees within thirty (30) calendar days of invoice.

5.2 Clarification Obligation. Requester shall promptly respond to reasonable Custodian inquiries necessary to perfect the scope of search or clarify ambiguous aspects of this Request.

6. DEFAULT & REMEDIES

6.1 Agency Default. Each of the following constitutes an "Agency Default":
a. Failure to respond within three (3) working days as required by C.R.S. Section 24-72-203(3)(b);
b. Assessment of unauthorized fees in excess of those permitted by CORA; or
c. Unlawful withholding of Records.

6.2 Notice & Cure. Upon Agency Default, Requester shall provide written notice and allow a reasonable time for cure.

6.3 Judicial Enforcement. If the Custodian fails to cure, Requester may file a civil action in the appropriate Colorado district court seeking injunctive relief compelling disclosure, attorney's fees, and costs as authorized by C.R.S. Section 24-72-204.

6.4 Attorneys' Fees & Costs. In any judicial action, the court shall award reasonable attorneys' fees and costs to the prevailing applicant under C.R.S. Section 24-72-204(5).

7. RISK ALLOCATION

7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized fees, subject to the cap in Section 3.4.

7.2 No Indemnification. Neither party provides indemnity to the other.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Request and any dispute hereunder shall be governed by CORA and other applicable Colorado law.

8.2 Forum Selection. Jurisdiction and venue shall lie in the appropriate Colorado district court.

8.3 Arbitration. Arbitration is not available for CORA disputes.

8.4 Injunctive Relief. Nothing herein shall limit Requester's right to seek preliminary or permanent injunctive relief compelling the disclosure of Records.

9. GENERAL PROVISIONS

9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.

9.2 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force and effect.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Requester hereby executes this Colorado Open Records Act Request as of the Effective Date.

__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]