Gov. Polis Vetoes Bill Increasing Costs and Response Times for Public Records Requests
TL/DR –
Governor Jared Polis has vetoed Senate Bill 77, which proposed to increase costs for public records requests for anyone other than media members and allow agencies more time to respond to these queries. Polis argued the bill would put government employees in the difficult position of determining the motives behind a request and would create distinct categories of records requests based on who is making the request. Critics, including transparency advocates and media organizations, have also criticized the bill, stating that it would diminish the state’s open records and open meetings laws.
Gov. Jared Polis vetoed a bill on Thursday that proposed raising costs for open records requests for non-media members and granting agencies additional response time.
The challenge now is to see whether lawmakers will attempt to override the governor’s veto, a first in his seven-year tenure. The House and Senate approved the bill with votes exceeding the required two-thirds override count.
Senate Bill 77 has faced criticism from advocates of government transparency, including media outfits.
This bill, pushed by Sen. Cathy Kipp, D-Fort Collins, aimed to increase the public records response time from three to five days minimum, extending up to 10 days under “extenuating circumstances.”
Moreover, it proposed charging higher costs for sequential open records requests made within 14 days of another similar request by the same individual. It would consider such requests as one for determining costs and fees.
The present law permits one free hour of research on an open records request. SB 77 sought to eliminate this free hour for subsequent requests, allowing agencies to charge up to $41.37 per hour.
In his veto letter, Polis identified several flaws in the measure.
He argued it could put government employees in a difficult position, having to determine whether a requestor is a media member or pursuing financial gains, thereby bestowing excessive power on records custodians.
Polis highlighted that the bill creates three different categories of open records requests, each with individual deadlines. He wrote, “Speed to access public information is determined by who you are.”
Emphasizing his support for greater transparency, Polis noted, “It would certainly be convenient for the Executive Branch to agree to weaken CORA, but as a representative for the people of Colorado, I support more, not less, openness and transparency.”
Despite having signed other measures critics claim have weakened Colorado’s open records and meetings laws, Polis maintains that he champions more transparency in the government.
He signed the NIL bill in March in spite of concerns over open records carve-out, and urged for more focus on transparency in the future.
Polis expressed his concern over the “unfortunate trends of legislative proposals that ultimately impede access to official records”, which he believes impedes public interest and transparency.
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