City of Colorado Springs v. David White November 1998

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967 P.2d 1042, City of Colorado Springs v. White, (Colo. 1998) [18] Witnesses X222 410 - - -- 410I1 Competency 410II(D) Confidential Relations and Privileged Communications 410k222 Evidence as to Nature and Circumstances of Communication or Other Subject- Matter. Where the government has met the procedural requirements for assertion of the deliberative process privilege, the privilege presumptively applies. [19] Witnesses «216(1) 410 - - -- 410II Competency 410II(D) Confidential Relations and Privileged Communications 410k216 Communications to or Information Acquired by Public Officers 410k216(1) In General; Official or Governmental Privilege. The trial court should honor the government's claim of deliberative process privilege unless the party seeking discovery makes a preliminary showing that the material may not be privileged or that there is some.necessity for its production. [20] Witnesses <°�;-223 410 - - -- 410II Competency 4101I(D) Confidential Relations and Privileged Communications 410k223 Determination as to Admissibility. In most cases, where the party seeking discovery of material allegedly protected by the governmental deliberative process privilege makes a sufficient showing of need, the court should grant an in camera inspection to determine whether the material is privileged, to sever privileged from non- privileged material if severability is feasible, and to weigh the government's need for confidentiality against the litigant's need for production. [21] Records «54 326 - - -- 326II Public Access 326II(B) General Statutory Disclosure Requirements 326k53 Matters Subject to Disclosure; Exemptions 326k54 In General. [See headnote text below] Page 4 [21]Records (E.�;- 57 326 - - -- 326I1 Public Access 326II(B) General Statutory Disclosure Requirements 326k53 Matters Subject to Disclosure; Exemptions 326k57 Internal Memoranda or Letters; Executive Privilege. The exemption for "privileged information" in the open records laws includes various common law evidentiary privileges, such as the attorney- client privilege and the attorney work product privilege. West's C.R.S.A. § 24- 72- 202(6)(a)(I). [22] Records (2=57 326 - - -- 326II Public Access 326II(B) General Statutory Disclosure Requirements 326k53 Matters Subject to Disclosure; Exemptions 326k57 Internal Memoranda or Letters; Executive Privilege. The exemption for "privileged information" in the open records laws includes material protected by the governmental deliberative process privilege. West's C.R.S.A. § 24- 72- 202(6)(a)(I). [23] Records- X57 326 - - -- 326II Public Access 326II(B) General Statutory Disclosure Requirements 326k53 . Matters Subject to Disclosure; Exemptions 326k57 Internal Memoranda or Letters; Executive Privilege. Amendments to open records laws which specifically exclude from exemption various materials related to elected officials, including work product prepared for elected officials, certain correspondence without a connection to the exercise of an official's functions, and confidential communications between constituents and elected officials, did not abrogate common -law governmental deliberative process privilege, and thus, the privilege remains viable and applicable to a public records request. Laws 1996, p. 1481, § 4. [24] Statutes X222 361 - - -- Copyright (c) West Group 2001 No claim to original U.S. Govt. works