Public Records Requests

Colorado Open Records Act Policy

FPPA developed this policy in order to comply with the Colorado Open Records Act, C.R.S. § 24-72-201 et. seq. and as allowed under C.R.S. § 24-72-203(1).

Procedure For Handling Records Requests

FPPA will accept only records requests made in writing addressed to FPPA’s United States Postal Service address listed below or electronically via email. Records requests made via social media or other means will not be accepted and must be resubmitted. Records requests or requestors that cite the federal Freedom of Information Act will be treated as though made pursuant to the Colorado Open Records Act.

Requests for information must identify the records requested as specifically as possible and with record date ranges to allow FPPA to respond to the request efficiently and in a timely manner.

When responding to a records request, FPPA shall make every effort to respond within three working days as required by C.R.S. § 24-72-203(3)(b). FPPA may add up to a seven working-day extension if extenuating circumstances apply, as described in C.R.S. § 24-72-203(3)(b). The requestor and FPPA may agree to a longer time period for response. A request is received by FPPA the day an email or letter containing a request is opened. The three working-day response time begins the first FPPA working day following receipt of the request. A request received after 4:00 p.m. or any day FPPA is officially closed will be considered received as of the following working day.

When feasible, FPPA will endeavor to provide electronic copies or files to requestors if electronic copies are significantly less burdensome to provide than paper records. When responsive records cannot be easily or cost-effectively provided electronically to a requestor, FPPA will work with the requestor to schedule a time to inspect the records in person. FPPA is open from 8:00 a.m. to 4:30 p.m. (Mountain time) Monday through Friday, except holidays.

Fees

When a request is for records in paper format, FPPA will charge the requestor $0.25 per standard page or a fee not to exceed the cost of actually providing copies, printouts, or photographs of records in a format other than a standard page in accordance with C.R.S. § 24-72-205(5)(a), and applicable law.

For requests where FPPA anticipates more than one hour of staff time will be consumed, FPPA will provide a requestor with advance notice and an estimate of compliance costs. Such costs must be paid in full before the production of records unless alternative arrangements have been made. If the actual costs exceed the initial estimate provided by FPPA, the actual cost will be billed to the requestor and the requestor will be required to pay that cost prior to production of the records.

Copying Documents

FPPA will charge $0.25 per page for all documents copied to paper format.

Document Retrieval and Production of Records—Hourly Rate

When researching the location, retrieving, or producing records consumes more than one hour of staff time, FPPA shall charge $30 an hour for all staff time; and an hourly rate not to exceed $30 an hour when specialized document production or specialized skills are required to fully comply with a records request. In extraordinary circumstances, the use of a third-party contractor may be necessary and will be discussed with the requestor in advance. This cost must be paid in full prior to production of records.

By policy of FPPA, the requestor shall also be charged $30 an hour for time spent by an attorney engaged in the practice of law directly related to a records request, including, but not limited to, the review of documents for privilege or other exemptions to production; document redaction; creation of documents that articulate the privileged nature of the requested documents; or conducting Colorado Open Records Act related legal research.

The Format of Records Produced

The Colorado Open Records Act states that, “all public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise specifically provided by law.” See C.R.S. § 24-72-201. The Colorado Open Records Act provides that if a record is available in digital format, FPPA is required to transmit the record in a digital format by electronic communication or by another mutually agreed upon transmission method if the size of the record prevents transmission by electronic communication. FPPA is not required to construct a document that does not exist. When the production or review of records in a specific format would interfere with the regular duties of FPPA employees, see C.R.S. § 24-72-203(1)(a), or levy an undue burden upon FPPA, FPPA will determine the appropriate format for the records to be produced. FPPA may require that requestors only be allowed to review copies of documents when FPPA determines that allowing access to originals could interfere with the regular discharge of duties of FPPA, its officers or its staff, or production of original records could jeopardize the condition of the records. If a record requested is confidential and accessible only on the basis that the requester is the person in interest, FPPA shall not require the requester to provide a form of identification to request or inspect records.

Direct requests and any questions regarding this policy to:

CORA@fppaco.org

FPPA Custodian of Records
7979 East Tufts Avenue, Suite 900
Denver, CO 80237