Opinion | Colorado’s law shields public officials accused of sexual misconduct
Surrounded by his supporters, Denver Public Schools board member Tay Anderson says forcefully that he will not resign during a press conference in front of the Emily Griffith Campus just before the other school board members voted to censure him during a school board meeting on September 17, 2021 in Denver, Colorado.An exception to Colorado public records law has largely shielded investigations into sexual misconduct allegations against public officials from scrutiny. That needs to change.
If you’re asking yourself why New Yorkers benefit from transparency where Coloradans don’t, the answer lies in an exemption to our state’s public records law that was intended to prevent the disclosure of records of sexual harassment complaints and investigations “maintained pursuant to any sexual harassment policy of the general assembly.
The Denver District Court ultimately ruled that the redacted sections of the report would not be released based on the broad language of the CORA statute, even though it agreed that the investigative report — which ultimately found that the most serious allegations against Anderson were “unsubstantiated” — was a public record and Anderson’s alleged misconduct was a matter of public concern.
At a minimum, the statute should require a public records officer to balance the privacy of the individuals involved with the public interest in knowing the information contained in requested records.
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