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<br />only three or fewer applicants or candidates for the chief
<br />executive officer position possess the minimum
<br />qualifications for the position, said applicants or
<br />candidates shall be considered fmalists.
<br />(B) The provisions of this subparagraph (XI)
<br />shall not be construed to prohibit the public inspection
<br />or copying of any records submitted by or on behalf of a
<br />finalist; except that letters of reference or medical,
<br />psychological, and sociological data concerning finalists
<br />shall not be made available for public inspection or
<br />copying.
<br />(C) The provisions of this subparagraph (XI)
<br />shall apply to employment selection processes for all
<br />executive positions, including, but not limited to,
<br />selection processes conducted or assisted by private
<br />persons or fIrms at the request of a state agency,
<br />institution, or political subdivision.
<br />(XII) Any record indicating that a person has
<br />obtained distinguishing license plates or an identifying
<br />placard for persons with disabilities under section 42-3-
<br />121, C.R.S., or any other motor vehicle record that
<br />would reveal the presence of a disability.
<br />(XIII) Records protected under the common
<br />law governmental or "deliberative process" privilege, if
<br />the material is so candid or personal that public
<br />disclosure is likely to stifle honest and frank discussion
<br />within the government, unless the privilege has been
<br />waived. The general assembly hereby finds and
<br />declares that in some circumstances, public disclosure
<br />of such records may cause substantial injury to the
<br />public interest. If any public record is withheld
<br />pursuant to this subparagraph (XIII), the custodian shall
<br />provide the applicant with a sworn statement
<br />specifically describing each document withheld,
<br />explaining why each such document is privileged, and
<br />why disclosure would cause substantial injury to the
<br />public interest. If the applicant so requests, the
<br />custodian shall apply to the district court for an order
<br />permitting him or her to restrict disclosure. The
<br />application shall be subject to the procedures and
<br />burden of proof provided for in subsection (6) of this
<br />section. All persons entitled to claim the privilege with
<br />respect to the records in issue shall be given notice of
<br />the proceedings and shall have the right to appear and
<br />be heard. In determining whether disclosure of the
<br />records would cause substantial injury to the public
<br />interest, the court shall weigh, based on the
<br />circumstances presented in the particular case, the
<br />public interest in honest and frank discussion within
<br />government and the beneficial effects of public scrutiny
<br />upon the quality of governmental decision-making and
<br />public confidence therein.
<br />(XIV) Veterinary medical data, information,
<br />and records on individual animals that are owned by
<br />private individuals or business entities, but are in the
<br />custody of a veterinary medical practice or hospital,
<br />including the veterinary teaching hospital at Colorado
<br />state university, that provides veterinary medical care
<br />and treatment to animals. A veterinary-patient-client
<br />privilege exists with respect to such data, information,
<br />
<br />and records only when a person in interest and a
<br />veterinarian enter into a mutual agreement to provide
<br />medical treatment for an individual animal and such
<br />person in interest maintains an ownership interest in
<br />such animal undergoing treatment. For purposes of this
<br />subparagraph (XIV), "person in interest" means the
<br />owner of an animal undergoing veterinary medical
<br />treatment or such owner's designated representative.
<br />Nothing in this subparagraph (XIV) shall prevent the
<br />state agricultural commission or the state board of
<br />veterinary medicine from exercising its investigatory
<br />and enforcement powers and duties granted pursuant to
<br />sections 35-1-106 (1) (h) and 12-64-105 (9) (e), C.RS.,
<br />respectively.
<br />(XV) Nominations submitted to a state
<br />institution of higher education for the awarding of
<br />honorary degrees, medals, and other honorary awards
<br />by the institution, proposals submitted to a state
<br />institution of higher education for the naming of a
<br />building or a portion of a building for a person or
<br />persons, and records submitted to a state institution of
<br />higher education in support of such nominations and
<br />proposals.
<br />(XVI) Specialized details of security
<br />arrangements or investigations.
<br />(XVII) Specialized details of security
<br />arrangements or investigations. Nothing in this
<br />subparagraph (XVII) shall prohibit the custodian from
<br />transferring such records to the office of preparedness,
<br />security, and fIre safety in the department of public
<br />safety, the governing body of any city, county, or city
<br />and county, or any federal, state, or local law
<br />enforcement agency; except that the custodian shall not
<br />transfer any record received from a nongovernmental
<br />entity without the prior written consent of such entity
<br />unless such information is already publicly available.
<br />F or purposes of this section, records received by the
<br />office of preparedness, security, and fIre safety in the
<br />department of public safety in connection with the
<br />performance of its duties and records received by any
<br />state agency or political subdivision of the state from or
<br />on behalf of the office of preparedness, security, and
<br />fIre safety shall constitute specialized details of security
<br />arrangements or investigations.
<br />(XVIII) (A) Military records filed with a
<br />county clerk and recorder's office concerning a member
<br />of the military's separation from military service,
<br />including the form DD214 issued to a member of the
<br />military upon separation from service, that are restricted
<br />from public access pursuant to 5 U.S.c. sec. 552 (b) (6)
<br />and the requirements established by the national
<br />archives and records administration. Notwithstanding
<br />any other provision of this section, if the member of the
<br />military about whom the record concerns is deceased,
<br />the custodian shall allow the right of inspection to the
<br />member's parents, siblings, widow or widower, and
<br />children.
<br />(B) On and after July 1, 2002, any county
<br />clerk and recorder that accepts for filing any military
<br />records described in sub-subparagraph (A) of this
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