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Denver Publishing Co. v. Board of County Commissioners of the County of Arapahoe9/12/2005
der's Office. This direct "work" relationship, according to DPC, was enough to show a demonstrable connection to Baker's duties as an elected official. We disagree with this proposition.
First, we acknowledge the minor differences between the language used by the General Assembly in the "public records" definition and the inclusion of elected officials' correspondence in section 24-72-202(6)(a)(II)(B). We attribute these differences, however, to the General Assembly's attempt to relate the same descriptive terms in the "public records" definition regarding other forms of records to the various types of correspondence an elected official sends and receives rather than any attempt by the General Assembly to create a different or broader definition. Moreover, these minor differences can be attributed to the fact that section 24-72-202(6)(a)(II)(B) is stated in the negative.
Second, were we to interpret "demonstrable connection" as casting a nexus as broad as that urged by DPC, it would render all of section 24-72-202(6)(a)(II)(B) superfluous in that all correspondence between public employees and elected officials could be "connected" to the performance of public functions. This, of course, would be in clear contradiction to the General Assembly's intent to balance privacy interests of public employees and require this Court to find that an elected official cannot engage in private communications with public employees. Such a reading would tip the balance and require the disclosure of personal and private communications clearly outside the "public business." Instead, the inquiry is still content-driven and the communication at issue must still be coupled with the performance of public functions. If the content of the communication pertains to the elected officials' role as an elected official, then it falls within the definition. If an elected official sends or receives a message that is in furtherance of, or pertaining to, her duties as an elected official, then it falls within the definition. If, however, the communication was sent to or from the elected official in furtherance of some other relationship, it does not fall within the definition.
One example taken from the district court proceedings in this case demonstrates this public-private distinction built into the "public records" definition. Following the district court order directing the release of the e-mail messages pursuant to CORA, the Board's attorney requested that the Board be permitted to redact those e-mails relating to the Baker's children. The district court granted the Board's request.
Here, it is clear that the Board and the Court recognized that some communications do not address Baker's performance of public functions and were so personal that public disclosure was simply not appropriate. However, were it not for the generosity of the Board, these communications might have been disclosed consistent with the district court's analysis. To the contrary, we find these types of private and personal communications or correspondence were never intended to be disclosed as legitimate and appropriate under CORA. Not because, as here, a party pursuing release of the records asked the court to redact the messages, but because such a protection was established in the "public records" definition.
The legislative proceedings leading up to the enactment of the 1996 amendments buttress our reading of the statute.
Like the enactment of CORA in 1968, privacy interests were a prime concern during the legislative committee review of the 1996 amendments. When introducing the proposed legislation during committee review, the bill's sponsor, Senator Wells, explained that the amendment was inten
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