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<br />'. <br /> <br />:"~ <br /> <br />. ' <br />;" ~ I <br /> <br />.-,/ <br /> <br />'r-.. <br /> <br />356 Colo. <br /> <br />-, <br /> <br />" <br /> <br />.---- <br /> <br />826 PACIFIC REPORTER; 2d SERIES <br /> <br />, <br /> <br />presented by its applieation as one relating <br />to the "Dl&llDer" of _ to public recorda <br />which an eJeetronieaJly stored. We dis- <br />agree. , <br /> <br />The corporation, argues that the only <br />fcmn in which electrunicalJy stored public <br />recorda can be made available for iDapee- <br />lion is through the use of a computer, <br />essentially beeause that is the fonnat in <br />which the public recorda are kept. Henee, <br />it maintains that, the department regula- <br />lions, which explicitly bar public WIll of the <br />treasurer's office computer terminals, oper- <br />ate to d8nIl, rather than regulate, access to <br />such public recorda. " <br /> <br />Since the euaetment of the Open Recorda <br />Act in 1968, no Colorado case has specifi- <br />eaJIy addressed the nature of the right to <br />inspect public recorda which are, as here, <br />aImoet exclusively maintained and stored <br />electronically on magnetic computer tapes. <br />A number of fedetal and state courts, how- <br />ever, have addressed this issue" and we <br />conclude that two eases. Dimauka lI. De- <br />paTt1Mftt of InUriDr, 603 F .supp. 760 <br />(D.D.C-1984) and AFSCME lI. County of <br />Cook, 136 IIl.2d 334, 144 m.Dec. 242, 555 <br />N.E.2d 361 (1990), frame the issue raised <br />by the corporation's first contention of er- <br />ror. <br /> <br />In Dimauku, the plaintiff sought a copy <br />of the Department of Interior's computer <br />tape but receiv~, iDatead, the same infor- <br />mation on microfiche, the form in which the <br />requested infonnation Was routinely made <br />available to, the public. In.sanctioning the <br />department's substitution in format, the, <br />court noted that the fundamental objective <br />of the Freedom of Infonnation Act, 5 <br />U.S.C.A. I' 552 (1977), is to iDauie public <br />accessibility to the infornu.tiim4l content <br />of the public record. Thwi, the public may <br />not dictate the fonnat in which the infor- <br />mation wJ1l be provided.' Moreover, the <br />government agency, in discharging ita obli- <br />gation under the act,' :"need only proVide <br />responsive ... information in' a reasOnably <br />accessible form" which does not alter the <br />content ,of the information. Dimauka lI. <br />DepaTt1Mftt of Interior, IUpro. SU alia <br />Sttigls lI. Barry" 422 So.2d 63 (FIa.App- <br />1982). :',," <br /> <br />In contrast, the Illinois Supreme CoUli <br />in AFSCME, IUpnI, revensed a ruling . <br />the appellate court which had approved th <br />eounty's presentation of public inforinatio <br />, to plaintiffs in the form of a compute <br />print-out, rather than ,in the form of <br />computer tape, as requested. The COUl <br />construed the Illinois Freedom of Infonm <br />tion Act (Illinois Act) to emphasize publi <br />7'U01Ti8, not simply their informational COt <br />tent. Thus, the court held ,that requeste <br />information must be made available "in th <br />form in which it is normally kept." <br />Neither of these cases is, of course er <br />tirely 'analogous to' the situation pres:nte, <br />here in which the corporation does not see: <br />a coW of the computer tape but' dire<: <br />access to the original magnetic datab... <br />However, these cases J1Iustrate that th <br />issue here turnS on whether the basic 'pW <br />pose of the Open Recorda Act is 'one 0 <br />public accessibility to the inf0rm4tiona <br />content of public recorda or is, instead, on <br />of access to the public TtICOf'fU in the fon <br />in which they are nonnally kept. <br />Citing If 24-72-201 :md 24-72-20~ <br />C.R.S.. (1988 Repl VoI.10B); the corpol'll <br />tion relies on the general assembly's use 0 <br />the terms "inspect" and "public recorda" ~ <br />assert that the latter articulates the pUt <br />pose of the Open Recorda Act. For th, <br />following reasons, we disagree. <br />First, the Open Recorda Act waSp..sse, <br />following a year-long study by' a specia <br />committee of the Colorado Legislativ, <br />Council, A review of this committee's re <br />port indicates that the committee's concerl <br />was public access to public inf0rm4oon <br />Colorado Legislative Council, Researcl <br />Publ. . # 126, Open RcCOf'fU for CQlorad, <br />(1967). Indeed, the committee repeatedl~ <br />referred to public information and, in ill <br />initial finding and conclusion, stated that <br />"[I]J;>creased awareness on the part of ,.., <br />the public has led to greater emphasis or <br />the need for statutory guarantees of pub <br />lit: GCcess to 'public informati07L" (em <br />phasis added) , " <br />. - ... .j"";.": <br />Second, f 24-7Z-201and f 24--7Z-20: <br />specifically qualify the right to inspect pub <br />lie recorda. : Section 24-7Z-201, which setl <br />forth the policy of the Open Recorda" Act <br />