A little more than two weeks after District Court Judge Steven Schultz ruled that the Town of Paonia mishandled an open records request made by a former trustee, the town board met in executive session on Nov. 27 to discuss the outcome. The stated purpose of the closed meeting was to receive legal advice from town attorney Bo Nerlin specific to the case, which the town filed in 2017 against former trustee Bill Brunner on behalf of the Custodian of Record.
An obscure provision in the Colorado Open Records Act allows a government records custodian to initiate legal action against a requester if he or she is unable, in good faith, to determine whether documents are exempt from disclosure. Under CORA's safe harbor clause, a requester cannot recover court costs and attorney fees even if a judge ultimately finds that the records should have been released.
A Delta County District Court judge has ruled that the Town of Paonia must reimburse legal fees to a former trustee after refusing to release documents to him under the Colorado Open Records Act (CORA).
In Custodian of Records for the Town of Paonia vs. Bill Brunner, following three hearings, District Court Judge Steven Schultz ruled on Nov. 9 that the town failed to demonstrate good faith or exercise reasonable diligence in filing the suit.
You may not be getting all you can out of your browsing experience
and may be open to security risks!
Consider upgrading to the latest version of your browser or choose on below: