After voters rejected change last fall, and with the Colorado Department of Education handicapped by no legal authority to actually provide any oversight, Ken Witt and the WPSD board of education seem to be growing bolder, knowing there’s no real accountability in Colorado.

Recently, in responding to a single CORA request of mine, I believe the WPSD:

• Violated my rights under CORA
• Limited my rights to public participation in a school board mtg
• Admitted to violating Colorado Sunshine Law
• Issued a sworn statement that is legally incorrect

Here’s the timeline of events:

3/8 – agenda published for 3/13 regular board meeting

3/8 – board packet emailed to board members

3/8 – CORA req #617 submitted for board packet for 3/13 mtg; district sent confirmation of receipt at 3:54PM 3/12

3/13 – board mtg gets postponed one week due to weather

3/13 – 11:06AM, district sends email that for CORA #617, “These materials are not available under CORA because they are protected under the deliberative process privilege.”

3/13 – 11:32AM, I sent an email reply: “You make a claim of deliberative process privilege; I request that my rights under C.R.S. § 24-72-204(3)(a)(XIII) be respected. Per that section of Colorado law, I request “a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest.” I also request that, per the same cited law, ” the custodian shall apply to the district court for an order permitting him or her to restrict disclosure.”

3/18 – The district sent a sworn statement signed by Superintendent Ken Witt, with these claims: “

3. It is my opinion that the document is privileged under the deliberative process exception of CORA because it constitutes the confidential deliberations of the WPSD Board of Education which have not yet been released to the public or discussed in an open meeting.
4. Disclosure of the document would cause substantial harm to the public interest because it would quell open and honest deliberations by members of the WPSD Board of Education when drafting, editing, and reviewing board packets prior to their public release.”

3/20 – the postponed 3/13 board mtg is held

3/21 – after several queries about the status of the district court order, I instead receive the results of my original CORA request #617. This exceeded the three day deadline the law requires them to provide a single document in. They never did get the court order as required, they just ran out the clock until it didn’t matter anymore.

Because the packet had been distributed to the board on 3/8 for use in a public meeting, it is not a protected document under 24-72-202(6.5)(c) – therefore it is subject to CORA.

I spoke in the public comment portion in the 3/20 mtg; not having access to the board packet prior to the mtg deprived me of the opportunity & right to provide comment relevant and based on information to be presented in the board meeting (knowing only general topics in the agenda).

The statements by Witt suggests a Sunshine Law violation, by saying there were ‘confidential deliberations’ outside of the public eye, that were the reason to withhold the document.