I would like to add a couple points to the ongoing battle between John Simpson and the city of Durango regarding the open records controversy.
Colorado law provides going to court as the only remedy if one is refused records by a government entity. And since a citizen must incur expenses in going to court, the Colorado Open Records Act provides attorney fees and costs to the person who prevails over the government. So the city should just keep silent, and pay Simpson’s attorney fees and costs.
Second: The records involved, in fact, all records made or held by the city have already been paid for by the taxpayers. Durango is not a separate entity from its citizens and is certainly not a private organization. The city needs to understand that it is merely the repository for records that have been bought and paid for by the taxpayers, and it is here to serve those taxpayers.
Michael Black
Durango
