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On April 30, 1responded with a detailed explanation of public records of communication that were obviously missing from the records produced, including at a minimum:

a) Correspondence on or before March 2, 2021 between SBOE Board Member, Representative Cathy Kipp (“Rep. Kipp”) and SBOE Board Member Senator Chris Hanson (“Senator Hanson”) -- a snippet of which was forwarded by Rep. Kipp to SBOE Board Chair Dickey Lee Hullinghorst (“Ms. Hullinghorst”). See Attachment A, p. 17 (“From Senator Hansen: Good plan, i’itt follow Dickey Lee’s lead on this”);

b) Correspondence related to Ms. Hullinghorst’s comment about JoAnn Groff being fine with the “idea” for a “public Zoom meeting of the Board after March 24” and her invitations to Board Members Marty Flaum and Barbara Brewer related to the same. See Attachment A, p. 17; and

c) Text-message correspondence occurring on March 26, 2021 during the SBOE public meeting, between Ms. Hullinghorst and Rep. Kipp.

See Attachment A, p. 17, and Attachment B.

On May 7, 2021, Brett McPherson, Communications and Marketing Specialist for the Colorado Department of Local Affairs, responded with a letter detailing final accounting of all costs for production of records, along with a single-page image of the missing text correspondence identified in paragraph 2(c) above (i.e., the Hullinghorst-Kipp text message).

We have paid the invoiced amount; however, I have received no response from you directly regarding any of the above referenced deficiencies, or from any representative of SBOE or DOLA regarding paragraphs 1(a) and 1(b) above. This is unfortunate, because it is beyond dispute that there are communications between Senator Hansen and Rep. Kipp responsive to the March 30 CORA request, and that we have been denied the right to inspect those public records. In addition, it appears that other written communications responsive to the CORA request were likely inappropriately withheld.

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The SBOE is a “state public body” as defined in COML at C.R.S. § 24-6-402(l)(d)(I). Pursuant to C.R.S. § 24-6-402(2), “all meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.” (Emphasis added). C.R.S. § 24-4-402 (2)(d) requires minutes of any meeting to be taken, promptly recorded, and open to public inspection. C.R.S. § 24-4-406(2)(d.5) requires the electronic recording of meetings of the SBOE. Pursuant to C.R.S. § 24-6-402(1)(b) and (2)(c)(I), any meeting where any proposed policy, position, resolution, rule, regulation, or formal action occurs shall be held only after full and timely notice to the public. All meetings held by members of a state public body to consider dismissal, discipline, promotion, the investigation of charges or complaints against a public official or employee shall be open to the public unless said official or employee requests an executive session. See C.R.S. § 24-6-402(3)(b).

It was a violation of COML for three members of the SBOE, a state public body, to conduct a private, non-public meeting on February 12, 2021. The SBOE further violated the COML by failing to take and record minutes of that meeting. In addition, the SBOE failed to record the February 12, 2021 meeting in the same manner that all other regular meetings of the SBOE are recorded. Finally, the SBOE failed to give any public notice of any of meetings of the SBOE that occurred between February 12, 2021 and March 25, 2021.

The fact that the SBOE later held a properly noticed public meeting on March 26, 2021 to discuss the same subject matter does not cure the February 12, 2021 and/or other COML violations. It is inappropriate for a state public body to hold a private meeting, and then subsequently adopt at a public meeting, decisions it had already privately made. Bagby v. School District No. 1, 528 P.2d 1299, 1302 (Cob. 1974). The COML is intended as a prohibition against conducting public business in private. Id. That Rep. Kipp and Senator Hansen took formal action approving of Ms. Groff’s handling of the issues raised by Eagle, La Plata and San Miguel Counties, before holding the public March 26 Meeting to consider those very issues clearly evidences that the March 26 Meeting was intended as a rubber stamp of previously decided matters. Even a cursory review of the record of the March 26 Meeting solidifies that the SBOE held that meeting to arrive at a pre-determined result. Eagle County contends that the result of these COML violations is that the decision or actions taken in the March 26 Meeting will be invalidated.

3. Pre-Litigation Hold

Please consider this correspondence a formal request for the preservation of all relevant and potentially relevant records and information concerning any and all matters raised in Eagle

4 County’s request for audit dated February 2, 2021, and raised in this correspondence. In particular, please retain the recording, if any, of the SBOE meeting that occurred on February 12, 2021, and the recording of the executive session that was held during the March 26 Meeting.

Sincerely,

Bryan Treu Eagle County Attorney

5 From: Cathy Kipp To: Groff - DOLA, JoAnn Cc: Sen. Hansen - GA; [email protected] Subject: Re: Eagle County Board of Commissioners Request for Audit Date: Wednesday, February 10, 2021 10:49:54 AM

Hi JoAnn,

Senator Hansen, Representative Roberts, and I would like to discuss the email below with you before taking further action. Would you have time at 3pm this Friday (12/12) or most anytime this coming Monday (2/15) to discuss?

I am happy to send a Zoom link.

Thanks so much!

Best, Cathy ______Representative Cathy Kipp She/Her/Hers Colorado House of Representatives for House District 52 Cell: 970-219-5267 Legislative office: 303-866-4569 200 East Colfax, Room 635, Denver, CO 80203

On Wed, Feb 3, 2021 at 8:01 AM Rhea Silverkorn wrote: Good morning Representative Roberts, Representative Kipp and Senator Hansen,

Please see the attached letter from the Eagle County Board of Commissioners regarding a request for performance audit of the Colorado Division of Property Taxation.

Thank you,

Rhea

We have a new Eagle County COVID-19 website! For the most recent information, please visit www.eaglecountycovid.org

One Valley Voice on Facebook

[email protected] | 970-328-9750

Rhea Silverkorn Executive Coordinator Eagle County Government 970-328-8612

ATTACHMENT A Page 1 of 21 www.eaglecounty.us

ATTACHMENT A Page 2 of 21 From: Groff - DOLA, JoAnn To: Cathy Kipp Cc: Sen. Hansen - GA; Rep. Roberts - GA Subject: Re: Eagle County Board of Commissioners Request for Audit Date: Wednesday, February 10, 2021 11:33:09 AM

Representative Kipp: Friday afternoon at 3 would work for me, Monday is also available. May I actually have a copy of the letter? I think I know what this is about but am not sure. AND, would you like to invite Chairwoman Hullinghorst? Thanks. JoAnn

JoAnn Groff Property Tax Administrator

P 303-864-7776 | F 303-864-7799 1313 Sherman St., Suite 419, Denver, CO 80203 [email protected] | www.colorado.gov/dola/dpt

Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure.

On Wed, Feb 10, 2021 at 10:49 AM Cathy Kipp wrote: Hi JoAnn,

Senator Hansen, Representative Roberts, and I would like to discuss the email below with you before taking further action. Would you have time at 3pm this Friday (12/12) or most anytime this coming Monday (2/15) to discuss?

I am happy to send a Zoom link.

Thanks so much!

Best, Cathy ______Representative Cathy Kipp She/Her/Hers Colorado House of Representatives for House District 52 Cell: 970-219-5267 Legislative office: 303-866-4569 200 East Colfax, Room 635, Denver, CO 80203

On Wed, Feb 3, 2021 at 8:01 AM Rhea Silverkorn wrote: Good morning Representative Roberts, Representative Kipp and Senator Hansen,

Please see the attached letter from the Eagle County Board of Commissioners regarding a request for performance audit of the Colorado Division of Property Taxation.

ATTACHMENT A Page 3 of 21 Thank you,

Rhea

We have a new Eagle County COVID-19 website! For the most recent information, please visit www.eaglecountycovid.org

One Valley Voice on Facebook

[email protected] | 970-328-9750

Rhea Silverkorn Executive Coordinator Eagle County Government 970-328-8612 www.eaglecounty.us

ATTACHMENT A Page 4 of 21 From: Cathy Kipp To: Groff - DOLA, JoAnn Cc: Sen. Hansen - GA; Dylan Roberts Subject: Fwd: Eagle County Board of Commissioners Request for Audit Date: Wednesday, February 10, 2021 7:28:29 PM Attachments: Eagle County Commissioners Request for Audit.pdf

Hi JoAnn,

Sorry, thought I'd forwarded this in my original email. Please feel free to invite Chairwoman Hullinghorst. Or I can if you'd send me her email address.

I'll follow up with a Zoom link for Friday at 3pm.

Thanks so much!

Cathy

------Forwarded message ------From: Rhea Silverkorn Date: Wed, Feb 3, 2021, 8:01 AM Subject: Eagle County Board of Commissioners Request for Audit To: , , Cc: Bryan Treu

Good morning Representative Roberts, Representative Kipp and Senator Hansen,

Please see the attached letter from the Eagle County Board of Commissioners regarding a request for performance audit of the Colorado Division of Property Taxation.

Thank you,

Rhea

We have a new Eagle County COVID-19 website! For the most recent information, please visit www.eaglecountycovid.org

One Valley Voice on Facebook

[email protected] | 970-328-9750

Rhea Silverkorn Executive Coordinator Eagle County Government 970-328-8612

ATTACHMENT A Page 5 of 21 www.eaglecounty.us

ATTACHMENT A Page 6 of 21 From: JoAnn Groff - DOLA To: Dickey Lee Hullinghorst Subject: Fwd: Eagle County Board of Commissioners Request for Audit Date: Thursday, February 11, 2021 8:22:23 AM Attachments: Eagle County Commissioners Request for Audit.pdf

Dickey Lee: there is a zoom call scheduled for 3 tomorrow on this topic. You might remember I discussed this with you, having received the complaint right before Christmas. I have not yet responded to them. I am hoping you will be available for the call. JoAnn

Sent from my iPhone

Begin forwarded message:

From: Cathy Kipp Date: February 10, 2021 at 7:27:38 PM MST To: "Groff - DOLA, JoAnn" Cc: "Sen. Hansen - GA" , Dylan Roberts Subject: Fwd: Eagle County Board of Commissioners Request for Audit

 Hi JoAnn,

Sorry, thought I'd forwarded this in my original email. Please feel free to invite Chairwoman Hullinghorst. Or I can if you'd send me her email address.

I'll follow up with a Zoom link for Friday at 3pm.

Thanks so much!

Cathy

------Forwarded message ------From: Rhea Silverkorn Date: Wed, Feb 3, 2021, 8:01 AM Subject: Eagle County Board of Commissioners Request for Audit To: , , Cc: Bryan Treu

Good morning Representative Roberts, Representative Kipp and Senator Hansen,

Please see the attached letter from the Eagle County Board of Commissioners regarding a request for performance audit of the Colorado Division of Property Taxation.

ATTACHMENT A Page 7 of 21 Thank you,

Rhea

We have a new Eagle County COVID-19 website! For the most recent information, please visit www.eaglecountycovid.org

One Valley Voice on Facebook

[email protected] | 970-328-9750

Rhea Silverkorn Executive Coordinator Eagle County Government 970-328-8612 www.eaglecounty.us

ATTACHMENT A Page 8 of 21 From: JoAnn Groff - DOLA To: Dickey Lee Hullinghorst Subject: Fwd: Kipp, Robers, Hansen, Groff, Hullinghorst Date: Thursday, February 11, 2021 8:23:44 AM

Here is the invitation to the zoom call.

Sent from my iPhone

Begin forwarded message:

From: Cathy Kipp Date: February 10, 2021 at 9:10:31 PM MST To: JoAnn Groff - DOLA , [email protected], [email protected] Subject: Kipp, Robers, Hansen, Groff, Hullinghorst

.You have been invited to the following event

Title: Kipp, Robers, Hansen, Groff, Hullinghorst Cathy Kipp is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting https://urldefense.proofpoint.com/v2/url?u=https-3A__zoom.us_j_92235582136-3Fpwd- 3DNi9KRzdFWkhqYXIvYjJnUkZUVFJrdz09&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq- NqV0Yr- qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=VxRUnuY_njAH10Qcs0uwEYeXZnN6tYuoYslXP2kYGHo&e=

Meeting ID: 922 3558 2136 Passcode: 12345 One tap mobile +16699006833,,92235582136#,,,,*12345# US (San Jose) +12532158782,,92235582136#,,,,*12345# US (Tacoma)

Dial by your location +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) Meeting ID: 922 3558 2136 Passcode: 12345 Find your local number: https://urldefense.proofpoint.com/v2/url?u=https- 3A__zoom.us_u_at7aJywWQ&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq-NqV0Yr- qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=99m9U27i6R7vvy7gbGg4aiG0ijQUDO6I2YzsF8M- q6g&e=

When: Fri Feb 12, 2021 3pm – 4pm Mountain Time - Denver Where: https://urldefense.proofpoint.com/v2/url?u=https-3A__zoom.us_j_92235582136-3Fpwd- 3DNi9KRzdFWkhqYXIvYjJnUkZUVFJrdz09&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq- NqV0Yr- qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=VxRUnuY_njAH10Qcs0uwEYeXZnN6tYuoYslXP2kYGHo&e=

Joining info: Join with Google Meet https://urldefense.proofpoint.com/v2/url?u=https-3A__meet.google.com_bki-2Daged-2Dvkz-3Fhs- 3D224&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq-NqV0Yr- qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=ri8eeetGnfL_19RDg6uJOp8V64ETN3zmWfgYI59UfC8&e=

Join by phone (US) +1 401-542-0464 (PIN: 275290162)

Calendar: JoAnn Groff - DOLA Who: * Cathy Kipp - organizer * [email protected] * [email protected] * JoAnn Groff - DOLA

Event details: https://urldefense.proofpoint.com/v2/url?u=https-3A__calendar.google.com_calendar_event-3Faction-3DVIEW-26eid- 3DbWlnbDU3OThyY3YyaWR1bGRxdDBnMjRjMzAgam9hbm4uZ3JvZmZAc3RhdGUuY28udXM-26tok- 3DMTkjY2F0aHlAY2F0aHlraXBwLmNvbTkxNzZkMTNkNGUzYTc0NTY3NjMxNTcyNmQ2MmI0MmY1MjkyMTQxOWQ-26ctz-3DAmerica- 252FDenver-26hl-3Den-26es-3D1&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq- NqV0Yr-qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=zw5du9HCjgB_eSgd0t5FknxRaFohFpZ4zb- BNmf1e54&e=

Invitation from Google Calendar: https://urldefense.proofpoint.com/v2/url?u=https- 3A__calendar.google.com_calendar_&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq- NqV0Yr-qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=KG4ZDcYGiFQjG8jfuNUGVwXQ2WyRi9- jwa7ng6gLW-I&e=

You are receiving this email at the account [email protected] because you are subscribed for invitations on calendar JoAnn Groff - DOLA.

ATTACHMENT A Page 9 of 21 To stop receiving these emails, please log in to https://urldefense.proofpoint.com/v2/url?u=https- 3A__calendar.google.com_calendar_&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq- NqV0Yr-qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=KG4ZDcYGiFQjG8jfuNUGVwXQ2WyRi9- jwa7ng6gLW-I&e= and change your notification settings for this calendar.

Forwarding this invitation could allow any recipient to send a response to the organizer and be added to the guest list, or invite others regardless of their own invitation status, or to modify your RSVP. Learn more at https://urldefense.proofpoint.com/v2/url?u=https-3A__support.google.com_calendar_answer_37135- 23forwarding&d=DwIGaQ&c=sdnEM9SRGFuMt5z5w3AhsPNahmNicq64TgF1JwNR0cs&r=0or9FZZ2hJt_TdSbgaPq-NqV0Yr- qc9Li24CPMFXUqg&m=1WLDLdgVMkBv7ndF2Wu_TColiuhpQpF0Mg1zGzYbd0g&s=qYg0WvgsqcppzBjhnUdq5WStALprU8Pabd6pAXj79A4&e=

ATTACHMENT A Page 10 of 21 From: Dickey Lee To: JoAnn Groff - DOLA Subject: Re: Kipp, Robers, Hansen, Groff, Hullinghorst Date: Thursday, February 11, 2021 3:24:01 PM

Thanks, I plan to participate. DL

Dickey Lee Hullinghorst 303-359-9236 Sent from my iPad

On Feb 11, 2021, at 8:23 AM, JoAnn Groff - DOLA wrote:

Here is the invitation to the zoom call.

Sent from my iPhone

Begin forwarded message:

From: Cathy Kipp Date: February 10, 2021 at 9:10:31 PM MST To: JoAnn Groff - DOLA , [email protected], [email protected] Subject: Kipp, Robers, Hansen, Groff, Hullinghorst

.You have been invited to the following event

Title: Kipp, Robers, Hansen, Groff, Hullinghorst Cathy Kipp is inviting you to a scheduled Zoom meeting.

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Calendar: JoAnn Groff - DOLA Who: * Cathy Kipp - organizer * [email protected] * [email protected] * JoAnn Groff - DOLA

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ATTACHMENT A Page 12 of 21 From: Groff - DOLA, JoAnn To: Dickey Lee Hullinghorst Subject: Fwd: Request for Performance Audit of the Colorado Division of Property Taxation, a Division of the Colorado Department of Local Affairs Date: Wednesday, February 24, 2021 12:54:29 PM Attachments: Letter of Request.CDPT.pdf

Dickey Lee: I think it is time to discuss this you and me, although today is shot. Do you have time tomorrow afternoon? Thanks. JoAnn

JoAnn Groff Property Tax Administrator

P 303-864-7776 | F 303-864-7799 1313 Sherman St., Suite 419, Denver, CO 80203 [email protected] | www.colorado.gov/dola/dpt

Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure.

------Forwarded message ------From: Carmen Warfield Date: Wed, Feb 24, 2021 at 12:44 PM Subject: Request for Performance Audit of the Colorado Division of Property Taxation, a Division of the Colorado Department of Local Affairs To: , Congressman Marc Caitlin , , Cc: , , Peggy Kanter , , , , , Mike Bordogna , Amy Markwell , Nancy Hrupcin

Please see the San Miguel County Board of Commissioners' attached request to conduct a Performance Audit of the Division of Property Taxation.

Carmen L. Warfield

Chief Deputy Clerk - BOCC

San Miguel County

333 W. Colorado Ave, 3rd Floor

PO Box 1170

Telluride, CO 81435

ATTACHMENT A Page 13 of 21 970-369-5429

970-708-8399 cell

E:[email protected]

W:www.sanmiguelcountyco.gov

Census 2020

ATTACHMENT A Page 14 of 21 From: Cathy Kipp To: [email protected]; Congressman Marc Caitlin Cc: [email protected]; Groff - DOLA, JoAnn; [email protected] Subject: Re: Request for Performance Audit of the Colorado Division of Property Taxation, a Division of the Colorado Department of Local Affairs Date: Wednesday, February 24, 2021 3:17:45 PM

Senator Coram and Representative Catlin,

Senator Hansen and I, as the legislative members of the State Board of Equalization, along with Representative Roberts from Eagle have met with our Property Tax Administrator Joann Groff regarding this issue when Eagle County brought it to our attention earlier this month. Ms. Groff has investigated this issue and responded to us and copied us on her response to Eagle County to our satisfaction. I would encourage you to read her response to Eagle County and then, if you have additional questions, to talk with us and/or meet with her if you have any additional questions prior to agreeing to the request from your county commissioners.

Regards, Cathy ______Representative Cathy Kipp She/Her/Hers Colorado House of Representatives for House District 52 Cell: 970-219-5267 Legislative office: 303-866-4569 200 East Colfax, Room 635, Denver, CO 80203

On Wed, Feb 24, 2021 at 12:44 PM Carmen Warfield wrote: Please see the San Miguel County Board of Commissioners' attached request to conduct a Performance Audit of the Division of Property Taxation.

Carmen L. Warfield

Chief Deputy Clerk - BOCC

San Miguel County

333 W. Colorado Ave, 3rd Floor

PO Box 1170

Telluride, CO 81435

970-369-5429

970-708-8399 cell

E:[email protected]

ATTACHMENT A Page 15 of 21 W:www.sanmiguelcountyco.gov

Census 2020

ATTACHMENT A Page 16 of 21 ATTACHMENT A Page 17 of 21 ATTACHMENT A Page 18 of 21 ATTACHMENT A Page 19 of 21 ATTACHMENT A Page 20 of 21 ATTACHMENT A Page 21 of 21 5/12/2021 Eagle County Government Mail - Re:

Bryan Treu EAGLECOUNTY

Re: 1 message

Bryan Treu Fri, Apr 30, 2021 at 10:04 AM To: Heather Flannery Cc: “McPherson - DOLA, Brett’

Mr. McPherson and Ms. Flannery,

On March 30, 2021, Eagle County made a request under the Colorado Open Records Act for certain records of the Colorado State Board of Equalization. I believe you have both been working on the response. Portions of responsive records were produced on April 14, 2021 and April 21, 2021.

On April 27, 2021, I sent you an email to inquire about an email that was sent to me in redacted format (the “Settle/Brewer Communication”). This appeared to be a responsive email from Brewer to Settle. Ms. Flannery has indicated that is not the case and that it was an email to her. Accordingly, we are satisfied with that response.

Since my April 27, 2021 email, I have had the opportunity to review in more detail the records produced on April 21, 2021 and have identified an additional oversight and/or missing records. The production included a photo of text messages from “Cathy” dated March 2, 2021, that included a message “From Senator Hansen” in which Senator Hansen says: “Good plan, will follow Dickey Lee’s lead on this.” Clearly there are other text messages to and from Representative Kipp and Senator Hansen regarding the “plan” and the “idea” referenced in the following text message from “DL.” In addition, at the bottom of the image produced, it is clear that additional text messages occurred on March 26, 2021 at 4:53, which would have occurred during the SBOE meeting that was the subject of Eagle County’s CORA request. Please produce ii relevant text messages, as requested in the March 30, 2021 CORA request, and required by the terms of CORA. This is not to be construed as a new request under CORA, but rather, a call for production of the full record that should have been produced in connection with the original March 30, 2021 request

As a reminder, I also asked you for a full and complete statement identifying each individual state employee’s time involved in producing the requested records so that a final accounting for reasonable actual costs associated with retrieving records responsive to the March 30, 2021 request may be assessed. I intend to pay the actual reasonable costs associated with the records request, but as I’ve explained at first glance, the asserted amount appears to be highly unreasonable given the minimal number of documents actually produced.

Bryan R. Treu

County Attorney

500 Broadway

P0. Box 850

Eagle, Colorado 81631

(970) 328-8685 T

(970) 328-8699 F

https://mail.google.com/rnaillu/0?ik=34fbe324fe&view=pt&search=all&permthidthread-a%3Ar2521 146954874920230%7Cmsg-a%3Ar348527735946... 1/3

ATTACHMENT B Page 1 of 3 5/12/2021 Eagle County Government Mail - Re: On Thu, Apr 29, 2021 at 5:29 PM Heather Fiannery wrote:

Mr. Treu,

DOLA’s April 13, 2021 letter cited to the specific subsection under CORA under which public access was denied. See C.R.S §24-72-204(3)(a)(rV), (4). Your email appears to request a log for attorney-client privileged documents, similar to something that would be produced during discovery between parties in a court proceeding. While I disagree that such log is required in response to a CORA request, in an effort to resolve your concerns I am providing the following information. The email redaction you are concerned about was an email from Board Member Brewer to me, as counsel for the State Board of Equalization after March 30, 2021. In addition to being a communication between attorney/client, the email is not responsive to your CORA request based on the date and the sender/recipient. Additionally, at the March meeting of the State Board of Equalization, the Board convened in executive session to receive legal advice on the specific questions announced during the open portion of the meeting. The recording of the executive session was withheld from the response to your CORA request.

The staff time listed in the April 13, 2021 and April 21, 2021 letters included time spent both on research and retrieval of responsive documents. The total time of 13 hours was from the following individuals: Adis Orozco, 1 hour; Curt Settle, 2 hours; Chairwoman Hullinghorst, 2 hours; Heather Flannery, 6.5 hours; and JoAnn Groff, 1.5 hours. Please recognize that this time includes researching potentially responsive public records. The amount of time spent is related, in part, to the time necessary to search for and identify the records ultimately provided in response to your CORA request. Simply comparing to the final number of records or documents provided is not an accurate measure of the time spent to identify the documents. As a reminder there is a still at $60 balance on the reimbursement of costs due to DOLA as noted in the April 21, 2021 letter.

Sincerely,

Heather Flannery Senior Assistant Attorney General

Colorado Department of Law

Business and Licensing Section

Ralph L. Carr Colorado Judicial Center

1300 Broadway, 8th Floor

Denver, Colorado 80203

(720) 508-6387

heather.flannerycoag .gov

The statements and opinions in this email are those of the authoring attorney only and do not represent the statements or opinions of the Attorney General of Colorado.

From: Bryan Treu Sent: Tuesday, Aprii 27, 2021 12:43 PM To: Heather Flannery ; McPherson - DOLA, Brett Subject:

https://mail.google.com/mail/u/0?ik=34fbe324fe&view=pt&search=all&permthiththread-a%3Ar2521 146954874920230%7Cmsg-a%3Ar348527735946... 2/3

ATTACHMENT B Page 2 of 3 5/12/2021 Eagle County Government Mail - Re:

Mr. McPherson and Ms. Flannery,

With regard to your letters dated April 16, 2021 and April21, 2021 responding to Eagle County’s

March 30, 2021 CORA request, I have two issues of concern.

First, in your April 16 correspondence, you indicate that DOLA has redacted or withheld a portion of responsive records pursuant to C.R.S. § 24-72-204(3)(a)(IV) as being subject to the attorney client privilege. It is unclear whether you are referring to the redacted portion of the email attached here (“Settle/Brewer Communication”). There is no possibility that the email is subject to the attorney-client privilege as neither Mr. Settle, nor Ms. Brewer are engaged as legal counsel for the other. As such, there was no basis to redact that public record. Please produce the entire, unredacted, copy of the Settle/Brewer Communication. Ifyou refer to other responsive records that were withheld from production, please identify the records that were withheld.

Second, in your April 16 correspondence you indicate that eleven hours of staff time were used to retrieve a total of 15 pdf documents and a single audio recording of a public meeting. Several of the 15 pdf copies of communications are simply forwarded or duplicate copies of the identical record. In your April21, 2021 correspondence indicates an additional two hours of staff time was required to retrieve 15 additional one to two page copies of communications. DOLA is entitled to charge reasonable actual costs associated with staff time for retrieval of these records. At first glance, this accounting appears to be unusual and unreasonable. Please send a full and complete statement identifying each individual state employee’s time involved in producing the requested records so that a final accounting for reasonable actual costs associated with retrieving records responsive to the March 30, 2021 request may be assessed.

Bryan R. Treu

County Attorney

500 Broadway

P.O. Box 850

Eagle, Colorado 81631

(970) 328-8685 T

(970) 328-8699 F

https://mail.google.com!mail/u/0?ik=34fbe324fe&view=pt&search=aII&permthid=thread-a%3Ar2521 146954874920230%7Cmsg-a%3Ar348527735946... 3/3

ATTACHMENT B Page 3 of 3