HACKSTAFF & SNOW
Counselors. Advocates.
VIA EMAIL
March 3, 2015
City of Colorado Springs
Custodian of Records
Re: Open Records Request – Helen Collins
To Whom It May Concern:
I represent Colorado Springs Government Watch (“COSGW”) and understand that you are the
custodian of records and responsible individual for open records requests sent to members of the
City of Colorado Springs City Council.
As you know, COSGW sent an open records request dated February 20, 2015, for documents in the
possession of Councilwoman Helen Collins (see attached
Exhibit A
). You provided a response on
February 25, 2015 (see attached
Exhibit B
).
It has come to the attention of COSGW that the response provided by Councilwoman Collins is
incomplete and did not include responsive documents in her possession. For example,
Councilwoman Collins failed to provide copies of the attached real estate deeds she executed in
December, 2014 (see attached
Exhibit C
and
Exhibit D
). COSGW believes that Councilwoman
Collins also has additional documents related to these transactions, such as written correspondence
via postal mail or email.
At this time, COSGW requests that Councilwoman Collins be directed to provide copies of all
responsive documents forthwith. COSGW expects copies to be provided no later than the close of
business,
Monday, March 9, 2015
. If COSGW does not receive copies of all responsive documents
by that deadline, COSGW may proceed to pursue production through legal process in the court
system.
Please feel free to contact me if you have questions. I can be reached by email
at [email protected] or by telephone at (303) 534-4317.
Sincerely,
HACKSTAFF LAW GROUP
,
LLCMario D. Nicolais, II
Cc:
Councilwoman Helen Collins ([email protected]; [email protected])
Dede Laugesen ([email protected])
1601 Blake Street, Suite 310, Denver, CO 80202 ph. 303.534.4317 fax. 303.534.4309 www.hackstafflaw.com
Colorado Springs Government Watch
Dede Laugesen, director
P.O. Box 63301
Colorado Springs, CO 80962
(719) 782-7810
Feb. 20, 2015
VIA ELECTRONIC MAIL
To: Colorado Springs City Councilwoman Helen Collins
Re: Colorado Open Records Act request
This is a request pursuant to the Colorado Open Records Act ("CORA"), C.R.S. §
24-72-203, for the following public records:
•
Originals or copies of the full text of
all documents
in your possession concerning
real property at 1240 Samuel Pt in Colorado Springs.
•
Originals or copies of the full text of
all communications and any other
documents
exchanged via email, fax, text message or other electronic means,
U.S. Postal Service, courier or personal hand-delivery, between yourself and
political activist Douglas E. Bruce
, of Colorado Springs, concerning real property
at 1240 Samuel Pt in Colorado Springs.
•
Originals or copies of the full text of
all communications and any other
documents
exchanged via email, fax, text message or other electronic means,
U.S. Postal Service, courier or personal hand-delivery, between yourself and
Bonnie B. Langston
concerning real property at 1240 Samuel Pt in Colorado
Springs.
•
Originals or copies of the full text of
all communications and any other
documents in your possession
exchanged via email, fax, text message or other
electronic means, U.S. Postal Service, courier or personal hand-delivery
regarding any investigation by the City of Colorado Springs Independent Ethics
Commission that involves real property at 1240 Samuel Pt in Colorado Springs.
Please be advised that, in keeping with the intent of the Colorado Open Records Act—
which is to ensure that the public’s business is conducted in public and kept
transparent—the above requests for communications records includes records
conveyed via
all email or other accounts
that are maintained and/or controlled by you
or held in your name,
regardless of whether the accounts are associated with or owned
by a public or governmental entity, or acquired by you personally through a private
provider of communications services and maintained as your personal email or other
address.
Please provide your response to this request in writing, preferably via email, no later
than three business days from your receipt, as required by C.R.S. § 24-72-203(3)(b). To
the extent that any of the requested documents cannot be located, reviewed, and
released within the three-day period, I ask that you not delay the release of any such
documents that can be located, reviewed, and released.
I further request under C.R.S. § 24-72-204(4) that if you deny some or all of this request,
that you explain your denial in detail in your response, and include citations to the
specific statutory authority that permits your denial of access to the requested records.
Please be aware that C.R.S. § 24-72-204(5) allows a person who has requested records
under the CORA to recover attorneys' fees for any litigation necessary to obtain records
improperly withheld. Please also be advised that this letter shall serve as the required
statutory notice of intent to sue in the event that you improperly deny some, or all, of
this request for access to records.
I will, of course, pay the reasonable fees for copying the appropriate documents,
although I reserve the right to challenge unreasonable charges. If the total costs of this
request amount to more than $50.00, please contact me before continuing to process
this request.
I appreciate your cooperation in providing a timely response to this request. If you have
any questions concerning this request or need any additional information concerning
any of the material sought, please do not hesitate to contact me. I prefer electronic
copies of documents; if this is not possible or you need more information to furnish the
documents to me, please do not hesitate to ask.
Thank you.
Dede Laugesen
Cc:
Colorado Springs City Council President Keith King
Colorado Springs City Council
Colorado Springs City Attorney Wynetta Massey
Mayor Steve Bach
Billie Stanton Anleu, Colorado Springs Gazette
Monica Mendoza, Colorado Springs Gazette
Pam Zubeck, Colorado Springs Independent
James Jarman, KRDO NewsChannel 13
Liz Haltiwanger, KKTV Channel 11
Kelly Duffy, KOAA TV Channels 5/30
Mario Nicolais <[email protected]>
Fwd: CORA request to CoS Councilwoman Helen Collins RE property at 1240
Samuel Pt CoS ISSUE=764 PROJ=63
Fri, Feb 27, 2015 at 4:23 PM To: Mario Nicolais <[email protected]> Forwarded message From: CORA <[email protected]> Date: Wed, Feb 25, 2015 at 3:57 PM Subject: CORA request to CoS Councilwoman Helen Collins RE property at 1240 Samuel Pt CoS ISSUE=764 PROJ=63 To: [email protected] When replying, type your text above this line. Dear Dede Laugesen, Your CORA request is now completed. If you have any questions, please do not hesitate to contact the City’s Communications Office. Response to Request: Councilmember Collins has indicated in response to your CORA request that she received no documents. With regard to bullet point #4, complaints to the Independent Ethics Commission are considered confidential unless they are determined to be nonfrivoulous,City Code § 1.3.103 (L). Original Request: Entered on 02/20/2015 at 10:29:17 MST (GMT0700) by [email protected]: Colorado Springs Government Watch Dede Laugesen, director P.O. Box 63301 Colorado Springs, CO 80962 (719) 7827810 [email protected] Feb. 20, 2015 VIA ELECTRONIC MAIL To: Colorado Springs City Councilwoman Helen Collins Re: Colorado Open Records Act request This is a request pursuant to the Colorado Open Records Act ("CORA"), C.R.S. § 2472203, for the following public records: • Originals or copies of the full text of all documents in your possession concerning real property at 1240 Samuel Pt in Colorado Springs.B
• Originals or copies of the full text of all communications and any other documents exchanged via email, fax, text message or other electronic means, U.S. Postal Service, courier or personal handdelivery, between yourself and political activist Douglas E. Bruce, of Colorado Springs, concerning real property at 1240 Samuel Pt in Colorado Springs. • Originals or copies of the full text of all communications and any other documents exchanged via email, fax, text message or other electronic means, U.S. Postal Service, courier or personal handdelivery, between yourself and Bonnie B. Langston concerning real property at 1240 Samuel Pt in Colorado Springs. • Originals or copies of the full text of all communications and any other documents exchanged via email, fax, text message or other electronic means, U.S. Postal Service, courier or personal handdelivery regarding any investigation by the City of Colorado Springs Independent Ethics Commission that involves real property at 1240 Samuel Pt in Colorado Springs. Please be advised that, in keeping with the intent of the Colorado Open Records Act—which is to ensure that the public’s business is conducted in public and kept transparent—the above requests for communications records includes records conveyed via all email or other accounts that are maintained and/or controlled by you or held in your name, regardless of whether the accounts are associated with or owned by a public or governmental entity, or acquired by you personally through a private provider of communications services and maintained as your personal email or other address. Please provide your response to this request in writing, preferably via email, no later than three business days from your receipt, as required by C.R.S. § 2472203(3)(b). To the extent that any of the requested documents cannot be located, reviewed, and released within the threeday period, I ask that you not delay the release of any such documents that can be located, reviewed, and released. I further request under C.R.S. § 2472204(4) that if you deny some or all of this request, that you explain your denial in detail in your response, and include citations to the specific statutory authority that permits your denial of access to the requested records. Please be aware that C.R.S. § 2472204(5) allows a person who has requested records under the CORA to recover attorneys' fees for any litigation necessary to obtain records improperly withheld. Please also be advised that this letter shall serve as the required statutory notice of intent to sue in the event that you improperly deny some, or all, of this request for access to records. I will, of course, pay the reasonable fees for copying the appropriate documents, although I reserve the right to challenge unreasonable charges. If the total costs of this request amount to more than $50.00, please contact me before continuing to process this request. I appreciate your cooperation in providing a timely response to this request. If you have any questions concerning this request or need any additional information concerning any of the material sought, please do not hesitate to contact me. I prefer electronic copies of documents; if this is not possible or you need more information to furnish the documents to me, please do not hesitate to ask. Thank you. Dede Laugesen City of Colorado Springs Communications Office
