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Polis issues first veto of year and sets up showdown with lawmakers over transparency rules

Gov. Jared Polis delivers his State of the State address, Jan. 9, 2025. Behind him at left is Senate President James Coleman, with House Speaker Julie McCluskie at right.
Hart Van Denburg
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CPR 暗黑爆料
Gov. Jared Polis delivers his State of the State address, Jan. 9, 2025. Behind him at left is Senate President James Coleman, with House Speaker Julie McCluskie at right.

Gov. Jared Polis vetoed a bill on Thursday that transparency advocates said would hurt the public鈥檚 ability to access government records.

Polis鈥� rejection of the measure, which passed with strong bipartisan support, potentially sets up a rare override vote with lawmakers in the closing weeks of the session.

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The outcome will decide how long people might have to wait for their school districts, city halls and other governments to provide them records they鈥檙e seeking. would have given governments more time to respond to records requests from the public and businesses while exempting journalists from the delays.

The bill鈥檚 sponsors said governments were being 鈥渋nundated鈥� with records requests and need longer deadlines to respond to them.

Critics of the bill said it could result in more governments 鈥渄ragging their feet鈥� to fulfill the requests.

Some also raised concerns about exempting journalists from the extended deadlines.

the bill鈥檚 effort to create three different timelines for fulfilling records requests based on who is making them.

鈥淭o ensure fairness and confidence in public transparency, all legitimate requests for public transparency under (the Colorado Open Records Act) should be treated equally under the law, without preference for some requestors over others,鈥� Polis wrote.

He also said the bill would 鈥渨eaken鈥� the Open Records Act.

鈥淚 support more, not less, openness and transparency,鈥� Polis wrote.

While the bill was debated last month at the statehouse, opponents said residents are facing growing hurdles to access records about government activities,

The Colorado Freedom of Information Coalition and other transparency advocates They said giving governments as long as three weeks to respond to some records requests would be a "dramatic step backward鈥� for transparency.

The looming debate between lawmakers and Gov. Polis over the open record rules also comes as leading transparency advocates say the state is experiencing a "backsliding" of the public's ability to access public information.

"In Colorado, we haven't seen a lot of efforts to expand access," Freedom of Information Coalition director Jeff Roberts said Friday. "There have been some here and there that we can point to but overall, I think we've seen more restricting of access to public information."

Showdown looms

Polis' veto may not seal the bill鈥檚 fate.

Sen. Cathy Kipp, D-Fort Collins, sponsored the bill and said Friday morning she intends to pursue an override vote of the governor鈥檚 veto.

鈥淚 have not given up on my legislation,鈥� she said. 鈥淲e still have to have the conversations to see where people are. We passed (the bill) in both chambers with veto-proof majorities. The question is, will those votes hold?鈥�

Kipp called her bill 鈥渧ery fair鈥� and she said it 鈥済ives a lot to people on both sides.鈥�

Three people sit at a large table in front of microphones in a large room at the state Capitol. A panel of lawmakers are seated in front of them.
Scott Franz/KUNC
Jeff Roberts, of the Colorado Freedom of Information Coalition, testifies Wednesday, Feb. 22, 2024 about his concerns on a separate bill aiming to loosen open meetings law requirements for state lawmakers. The CFOIC urged Polis to veto the bill extending deadlines to respond to open records requests.

鈥淩ecords requests have increased exponentially over the last seven years and so it鈥檚 hard for (governments) to keep up,鈥� she said.

She added that some residents were using records requests to look into "urban legends and conspiracy theories."

more than 12,000 records requests made in Colorado last year and found residents looking for everything from UFO records from their state lawmakers to the bidding process for holiday lights in Gunnison.

The state health department received the most requests of any state agency surveyed.

Kipp said she talked to Polis for about 30 minutes the day before he vetoed her bill.,

鈥淲e have these incredible increases in the number of records requests for our scarce resource departments,鈥� she said. 鈥淎nd he disagreed ultimately, he said 'we don鈥檛 want to treat people differently.'鈥�

The bill was vetoed less than nine hours before the 10-day deadline for Polis to take action on it.

Transparency advocates and the governor did support some parts of the bill. One provision they both endorsed would have required governments to provide a detailed breakdown of the fees they were charging to fulfill a request.

But Jeff Roberts, the director of the Colorado Freedom of Information Coalition, said that provision and others were 鈥渙vershadowed鈥� by the delays the bill would add to getting records.

鈥淚f you put in extra time for records鈥� custodians to respond, that adds more obstacles, and it gives records鈥� custodians an excuse to take longer and perhaps even miss the deadlines, because people are generally powerless,鈥� he said. 鈥淲hen that happens, there's not much they can do about it, except ask again.鈥�

Roberts said he welcomed Polis鈥� veto. With a potential override vote looming, he said the stakes are high.

鈥淲hat's at stake is potentially diminished government transparency in Colorado,鈥� he said. 鈥淧eople already face obstacles to obtaining public records in the form of fees, sometimes unaffordable fees. And if this bill is allowed to become law, if they succeed in overriding the veto, then it will likely take longer to get public records鈥nd there's just not much people can do when the government drags its feet about that.鈥�

Scott Franz is an Investigative Reporter with KUNC.
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