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<br />regardless of whether the records are in his or her actual
<br />personal custody and control.
<br />(3) "Person" means and includes any natural
<br />person, including any public employee and any elected
<br />or appointed public official acting in an official or
<br />personal capacity, and any corporation, limited liability
<br />company, partnership, firm, or association.
<br />
<br />(4) "Person in interest" means and includes the
<br />person who is the subject of a record or any
<br />representative designated by said person; except that, if
<br />the subject of the record is under legal disability,
<br />"person in interest" means and includes his parent or
<br />duly appointed legal representative.
<br />(4.5) "Personnel files" means and includes
<br />home addresses, telephone numbers, [mancial
<br />information, and other information maintained because
<br />of the employer-employee relationship, and other
<br />documents specifically exempt from disclosure under
<br />this part 2 or any other provision of law. "Personnel
<br />files" does not include applications of past or current
<br />employees, employment agreements, any amount paid
<br />or benefit provided incident to termination of
<br />employment, performance ratings, final sabbatical
<br />reports required under section 23-5-123, C.R.S., or any
<br />compensation, including expense allowances and
<br />benefits, paid to employees by the state, its agencies,
<br />institutions, or political subdivisions.
<br />(5) "Political subdivision" means and includes
<br />every county, city and county, city, town, school
<br />district, special district, public highway authority, rural
<br />transportation authority, and housing authority within
<br />this state.
<br />(6) (a) (I) "Public records" means and includes
<br />all writings made, maintained, or kept by the state, any
<br />agency, institution, a nonprofit corporation incorporated
<br />pursuant to section 23-5-121 (2), C.R.S., or political
<br />subdivision of the state, or that are described in section
<br />29-1-902, C.R.S., and held by any local government-
<br />financed entity for use in the exercise of functions
<br />required or authorized by law or administrative rule or
<br />involving the receipt or expenditure of public funds.
<br />(II) "Public records" includes the
<br />correspondence of elected officials, except to the extent
<br />that such correspondence is:
<br />(A) Work product;
<br />(B) Without a demonstrable connection to the
<br />exercise of functions required or authorized by law or
<br />administrative rule and does not involve the receipt or
<br />expenditure of public funds;
<br />(C) A communication from a constituent to an
<br />elected official that clearly implies by its nature or
<br />content that the constituent expects that it is confidential
<br />or a communication from the elected official in response
<br />to such a communication from a constituent; or
<br />(D) Subject to nondisclosure as required in
<br />section 24-72-204 (1).
<br />(III) The acceptance by a public official or
<br />employee of compensation for services rendered, or the
<br />use by such official or employee of publicly owned
<br />
<br />equipment or supplies, shall not be construed to conveli
<br />a writing that is not otherwise a "public record" into a
<br />"public record".
<br />(b) "Public records" does not include:
<br />(I) Criminal justice records that are subject to
<br />the provisions of part 3 of this article;
<br />(II) Work product prepared for elected
<br />officials. However, elected officials may release, or
<br />authorize the release of, all or any part of work product
<br />prepared for them.
<br />(III) Data, information, and records relating to
<br />Colorado student obligation bond authority programs
<br />pursuant to sections 23-3.1-225 and 23-3.1-307.5,
<br />C.R.S., as follows:
<br />(A) Data, information, and records relating to
<br />individual purchasers and qualified beneficiaries of
<br />advance payment contracts under the prepaid expense
<br />trust fund and the prepaid expense program, including
<br />any records that reveal personally identifiable
<br />information about such individuals;
<br />(B) Data, information, and records relating to
<br />designated beneficiaries of and individual contributors
<br />to an individual trust account or savings account under
<br />the college savings program, including any records that
<br />reveal personally identifiable information about such
<br />individuals;
<br />(C) Trade secrets and proprietary information
<br />regarding software, including programs and source
<br />codes, utilized or owned by the authority; and
<br />(D) Marketing plans and the results of market
<br />surveys conducted by the authority.
<br />(IV) Materials received, made, or kept by a
<br />crime victim compensation board or a district attorney
<br />that are confidential pursuant to the provisions of
<br />section 24-4.1-107.5.
<br />(V) Notification of a possible nonaccidental
<br />fire loss or fraudulent insurance act given to an
<br />authorized agency pursuant to section 10-4-1003 (1),
<br />c.R.S.
<br />(6.5) (a) "Work product" means and includes
<br />all intra- or inter-agency advisory or deliberative
<br />materials assembled for the benefit of elected officials,
<br />which materials express an opinion or are deliberative in
<br />nature and are communicated for the purpose of
<br />assisting such elected officials in reaching a decision
<br />within the scope of their authority. Such materials
<br />include, but are not limited to:
<br />(I) Notes and memoranda that relate to or
<br />serve as background information for such decisions;
<br />(II) Preliminary drafts and discussion copies of
<br />documents that express a decision by an elected official.
<br />(b ) "Work product" also includes all
<br />documents relating to the drafting of bills or
<br />amendments, pursuant to section 2-3-505 (2) (b),
<br />C.R.S., but it does not include the [mal version of
<br />documents prepared or assembled pursuant to section 2-
<br />3-505 (2) ( c), C.R.S. "Work product" also includes all
<br />research projects conducted by staff of legislative
<br />council pursuant to section 2-3-304 (1), C.R.S., if the
<br />research is requested by a member of the general
<br />
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