** UPDATE ** Shortly after Complete Colorado published this story about the University of Northern Colorado’s (UNC) outdated policies concerning Colorado Open Record Act (CORA) requests, Deanna Herbert, Assistant Vice President of Communications, sent an email with more information about UNC’s policy.
Herbert added another layer of complication.
According to Herbert, “One of the most common ways we receive CORA requests is through web-based fax apps,” Herbert said. “Many of these apps are free and can be used on a desktop or with a cell phone.”
In a follow up email, Herbert also clarified that the “custodian” of any given record is simply the use of the word “custodian” when clarifying who the CORA request should be directed to.
Jeff Roberts, Executive Director of the Colorado Freedom of Information Coalition, said he has not heard of people using such apps to file CORA requests, and he doesn’t know why anyone would use them.
Roberts said this isn’t the first time, however, that he’s heard of policies such as UNC’s, and it seems to be a bigger issue with universities. Roberts said there is a section of CORA that allows governments to adopt individualized rules about the actual filing requirements, adding some entities are concerned about emails ending up in spam filters, putting the entity out of compliance with date stamps and responsiveness requirements.
However, he said, it would be just as simple for UNC to make filings easier not harder for the public with the use of a portal on its website, something more and more government entities are using.
Roberts said the use of a fax app as an alternative is troublesome.
“The rule is not intended to make the requestor jump through hoops to request public records through the use of a fax machine or a special app,” he said. “It’s another layer of obstacles. They could make it a whole lot easier.”
GREELEY — Majority Democrats in the legislature continue to chip away at government transparency, with Governor Polis vetoing a recent attempt at curbing public access to open records. In the meantime, at least one Division I college in Colorado already makes it as difficult as possible to obtain public records with any kind of ease or consistency.
Complete Colorado learned of the University of Northern Colorado’s (UNC) cumbersome and convoluted policies while trying to obtain records detailing the cost to the university for a March 21st rally on the UNC campus featuring Sen. Bernie Sanders, D-Vermont and Rep. Alexandria Ocasio-Cortez, D-New York.
The rally was part of the pair’s “Fighting Oligarchy” tour, reportedly drawing thousands of people to the school’s Bank of Colorado Arena.
Getting those details proved to be more difficult than the records request was worth. Although the policies are legal under the Colorado Open Records Act (CORA), UNC has established time consuming and obsolete options for filing open records requests between the public and the university’s records.
According to the school’s website, as well at least two different UNC staffers, records requestors must send any requests via either US mail or fax machine. There are no online options, including use of email for filing requests.
The UNC Board Policy Manual, Section 1-1-603, states that the request “be submitted in writing to the custodian. Requests other than those made in writing and/or those made to any other person or office within the University will not be accepted.” While Colorado law is specific that records not “readily available,” must be handed over within three business days, with a possibility of extension up to 10 for extenuating circumstances, UNC is vague in the amount of time it will take.
According to the UNC policy the request must: “be identified as a “Colorado Open Records Act” or “CORA” Request, include the requestor’s name, mailing and email address … describe the requested public records in enough detail (including but not limited to the relevant dates covered by the Request) to enable the Custodian, or the employee(s) designated by the Custodian, to locate such records in a reasonable amount of time and with a reasonable amount of effort.”
Further, the university policy says the custodian is not obligated to act on a CORA request unless it meets each of the requirements set forth and that email requests will not be accepted unless the custodian officially declares it okay.
But as was experienced first-hand, figuring out who the custodian is of any record is proves a high bar to clear. Complete Colorado’s request for help determining the custodian of the records sought, initially went unanswered, with repeated emails simply outlining the above policy.
Neither Carla Nagy-Vargas, assistant to UNC’s president and general counsel, nor Deanna Herbert, assistant vice president of communications, returned requests for comment on the policy.
Tony Reyes, an attorney in the university’s general counsel office, who Herbert said “manages our CORA requests,” offered to help navigate the policy and did return initial emails from Complete Colorado, but further phone calls and emails went unanswered.
Complete Colorado’s editor finally determined “the juice isn’t worth the squeeze,” and the records request was set aside.
