Most governmental agencies call for such requests to be in writing.  If records are requested, the governmental entity must furnish by law, within 3 days, the records sought, or explain why such information cannot be made available within 3 days (some records, such as personnel files or investigations for example, are exempt from disclosure; these are limited and outlined specifically in the Colorado Open Records Act). Much can be learned through a CORA request.  The question we often receive at Colorado Exposed is, "How do I file one?"  The first step to filing a request is to identify what records you are looking for.  Generally, the more specific your request is, the better.  Being specific ensures that the record you desire will be retrieved. It also reduces or abates the "research and retrieval" fees the government might charge you (see section below on fees).  Often, however, people don't know exactly what they're looking for, or perhaps they want to make a broad request so that other potentially insightful records are encompassed.  In either case, we've provided below a standard Open Records request for your use and modification. Again, after receiving an Open Records request form, the governmental agency has 3 days to respond.  This timeline can be specifically extended as per statute if the request is extensive and requires a burdensome search and/or retrieval.  But in no case can a governmental agency take more than 10 days to provide the requested documents. It is useful to consult the Colorado Open Records Act for specific details on retrieval deadlines.  For the CRS website, click HERE. Fees The government is allowed to charge a nominal copying fee for records - up to $1.25 per 8.5” x 11” page.  It is important to remember that you are allowed to review records without having them copied.  If your open records request only asks to review, not to copy, then you cannot be charged for copying, only for retrieval.  If you do wish to have a copy, a less expensive alternative is to bring your own digital camera and take photos of the records.  You may also bring your own portable copier.  The most problematic sections contained in the Colorado Open Records Act relate to the government's ability to charge "research and retrieval" fees.  These are subjective fees charged at the discretion of the agency.  “Fees” are the public's only limitation to open records and often are used to place a financial hurdle in way of the individual seeking to retrieve public records. In many cases, “Excessive Retrieval Fees” indicates that the government agency is either unwilling to provide you with the requested documents, or would rather you not view them at all. However, because these fees are discretionary, they are also subject to dispute in District Court. Just be sure to request the agency's policy regarding research and retrieval fees.  By law, the policies cannot be unreasonable. Colorado Exposed is the authority on requesting Open Records.  If you have any questions at all, please contact us.

Download Word .doc of Open Records Request