2017-08-14_GENERAL DOCUMENTS - M1999120

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Records Custodian Page 2 private one. Daniels v. City of Commerce City, 988 P.2d 648 (Colo. App. 1999). Furthermore, a person need not show a special interest in order to be permitted access to particular public records. Denver Publ'g Co. v. Dreyfus, 184 Colo. 288, 520 P.2d 104 (1974). An official cannot deny access in the absence of specific statutory provision. In the absence of a specific statute permitting the withholding of information, a public official has no authority to deny any person access to public records. Denver Publ'g Co. v. Dreyfus, 184 Colo. 288, 520 P.2d 104 (1974); Denver Post Corp. v. Univ. of Colo., 739 P.2d 874 (Colo. App. 1987). The Colorado Open Records Act covers "all writings made, maintained or kept by the state, any agency, institution or political subdivision of the state." Colo. Rev. Stat. § 24-72- 202(6). The Open Records Act"writings" means and includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. "Writings" includes digitally stored data, including without limitation electronic mail messages, but does not include computer software. Colo. Rev. Stat §24-72-202(7). The presence of exempt information does not prevent inspection. Because the Open Records Act does not expressly exempt from inspection records that contain both exempt and nonexempt information, it does not prohibit inspection of public information in a record otherwise subject to inspection merely because the record also contains exempt information. However, the custodian of the record does not have a duty to delete exempt materials from an otherwise disclosable record. See Sargent School Dist. No. RE-33J v. Western Services Inc.. 751 P.2d 56, 61 (Colo. 1988); Office of State Court Administrator v. Background Info. Sys., 994 P.2d 420 (Colo. 1999) (digital records). If the records are not in your custody or control, please notify me forthwith and state in detail to the best of your knowledge the reason for the absence of the records, their location, and what person or persons has custody or control of the records, as required by Colo. Rev. Stat. § 24-72-203(2). Colo. Rev. Stat. § 24-72-203(3) requires you to let me know within three (3) working days when the requested records will be available for inspection. Please feel free to arrange a mutually convenient time to inspect these records or to have the documents copied and produced. If the documents are stored electronically, I request you make efforts to avoid copying time and charges and provide the documents in electronic format, e.g., copied to a compact disk or SD card. Only "nominal" fees may be charged for search and retrieval. Black v. Southwestern Water Conservation Dist., 74 P.3d 462 (Colo. App. 2003). If you deny access to any of the above public records, please provide forthwith a written