Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v Ft Collins police chief selection complaint 30358

JW v Ft Collins police chief selection complaint 30358

JW v Ft Collins police chief selection complaint 30358

Page 1: JW v Ft Collins police chief selection complaint 30358

Category:

Number of Pages:8

Date Created:April 17, 2018

Date Uploaded to the Library:April 19, 2018

Tags:30358, Atteberry, selection, Copies, Manager, collins, police, chief, access, exhibit, colorado, Illegal Immigration, Ralph, defendants, order, complaint, September, plaintiff, records, department


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

DISTRICT COURT, LARIMER COUNTY
Court Address: 201 LaPorte Avenue, Ste. 100
Ft. Collins, 80521
________________________________________________
DATE FILED: April 12, 2018 2:35
FILING ID: ABC4C8C291CE6
CASE NUMBER: 2018CV30358
Plaintiff: JUDICIAL WATCH, INC., District
Columbia not-for-profit corporation
vs.
Defendants: CITY FORT COLLINS, home rule
municipality the State Colorado, and DARIN
ATTEBERRY, his capacity the City Manager
Fort Collins, CO.
________________________________________________
Attorney Party Without Attorney:
Name: Marc Colin
Address: Bruno, Colin, Lowe, P.C.
1999 Broadway, Suite 4300
Denver, 80202
Phone Number:
303-831-1099
FAX Number:
303-831-1088
E-mail: mcolin@brunolawyers.com
Atty.Reg.#: 9597
COURT USE ONLY
_______________________
Case Number:
Div.:
Ctrm.:
COMPLAINT AND APPLICATION FOR ORDER SHOW CAUSE
COMES NOW the Plaintiff, and through its undersigned counsel, and for its Complaint and
Application for Order Show Cause, states follows:
INTRODUCTION
Plaintiff brings this action under the Colorado Open Records Act CORA 24-72201, seq., C.R.S., compel access public records the custody the City Fort Collins Ft. Collins and the City Manager Fort Collins, Darin Atteberry Manager Atteberry
PARTIES, JURISDICTION, AND VENUE
Plaintiff Judicial Watch, Inc. not-for-profit, educational foundation that seeks promote integrity, transparency, and accountability government and fidelity the rule
law. furtherance its public interest mission, Plaintiff regularly requests access the public
records federal, state, and local government agencies and officials and disseminates its
findings the public. Plaintiff person that term defined 24-72-202(3), C.R.S.,
and such has standing bring claim for access public records under the CORA and for award reasonable attorneys fees.
Defendant City Fort Collins home rule municipality located Larimer
County, Colorado and organized City Charter adopted accordance with Article
section the Colorado constitution. Defendant City Fort Collins the custodian the
public records which Plaintiff seeks access.
Defendant Darin Atteberry the City Manager for the City Fort Collins,
Colorado. The City Fort Collins operates within council-manager form government and
the City Manager the chief executive officer the City responsible for the overall
management City operations. Defendant Atteberry being sued his official capacity
custodian the public records which Plaintiff seeks access. See 24-72-302(5) (8), C.R.S.
(2009).
This Court has jurisdiction over Defendants and the subject matter this action
pursuant 24-72-204(5), C.R.S.
Venue proper the County Larimer pursuant C.R.C.P. 98(b)(2).
GENERAL ALLEGATIONS AND GROUNDS FOR MOTION SHOW CAUSE
Following the resignation Police Chief John Hutto April 2017, the City
Fort Collins engaged employment selection process for new Fort Collins Police
Department Chief Police. September 12, 2017, Plaintiff sent CORA request Defendants seeking
access the following public records:
(1)
Copies any/all Fort Collins employment/application packets
and/or resumes the last six (6) finalists/applicants the current Fort Collins
Police Chief selection process September 12, 2017.
(2) copy the Fort Collins Police Chief recruitment brochure
and/or Fort Collins employment requirements for the Chief Police the Fort
Collins Police Department.
(3)
Copies any/all communications, memos, letters, directives
and/or emails from May 12, 2017 September 12, 2017 between the City
Manager (Darin Atteberry), the city Manager staff, the Fort Collins city Council
and/or council staff, the City Attorney and/or legal staff, Greg Nelson, and/or
employees representatives Ralph Andersen and Associates regarding the
public positions and professional qualifications (or lack thereof) the last six (6)
police chief finalists/applicants regarding illegal immigration and/or federal
border/immigration enforcement.
(4)
Copies any/all communications between the City Fort Collins
and the last six (6) police chief finalists/applicants for the Fort Collins Police
Chief position.
(5)
Copies any/all background and media information the last six
(6) police chief finalists/applicants provided the City Fort Collins Ralph
Andersen and Associates.
(6)
Copies any/all communications between Ralph Andersen and
Associates and the last six (6) police chief finalists/applicants for the Fort Collins
Police Chief position. true and correct copy Plaintiff CORA request attached Exhibit email correspondence dated September 19, 2017, Defendants acknowledged
receipt Plaintiff record request regarding the employment selection process for the Fort
Collins Police Department Chief Police. true and correct copy Defendants September
19, 2017 email attached Exhibit email correspondence dated September 22, 2017, Defendants informed
Plaintiff that they had not completed the finalist list for the Police Chief position and that access records requested numbers and through was prohibited from disclosure under the
Colorado Open Records Act. Defendants produced the City Fort Collins Police Chief
recruitment brochure response item number Plaintiff request. true and correct copy Defendants September 22, 2017 email attached Exhibit
10. email correspondence dated September 29, 2017, Plaintiff requested reason
for the denial access the records requested. true and correct copy Plaintiff
September 29, 2017 email attached Exhibit
11. October 2017, Defendants responded, via email, citing Colorado Revised
Statutes, 24-72-204 (3)(a)(XI). true and correct copy Defendants October 2017 email
correspondence attached Exhibit
12. October 2017, via email correspondence, Plaintiff stated that did not wish obtain the names any applicants and would not object the redaction personal
information within the public records requested. Plaintiff more specifically clarified the public
records was seeking:
(1)
Copies any/all communications, memos, letters, directives
and/or emails from May 12, 2017 October 2017 between the City Manager
(Darin Atteberry), the City Manager staff, the Fort Collins City Council and/or
council staff, the City Attorney and/or legal staff, Greg Nelson, and/or employees representatives Ralph Andersen and Associates regarding the recruitment
and/or hiring police chief.
(2)
Copies any/all communications between the City Fort Collins
and any applicants for the police chief position from May 12, 2017 October
2017.
(3)
Copies any/all communications between the City Fort Collins
and Ralph Anderson and Associates regarding the recruitment and hiring
police chief between May 12, 2017 October 2017.
(4)
Copies any/all communications include but not limited
emails and Police Department notifications from September 2017 September
15, 2017 between Deputy Chief Greg Yeager the Fort Collins Police
Department and/or the Fort Collins Police Department and the Northern Colorado
Fraternal Order Police Lodge and/or Fort Collins Police Department
employees regarding the police chief selection process, include but not limited discussions concerning:
Police chief candidates visit Fort Collins being
rescheduled from September 21st October 25th with the purpose
accommodating schedules 5-6 candidates;
Requests for list the names the police chief finalists;
References state law requiring the public release the
candidates names; and
Confirmation and/or notice that October 25-27, 2017 had
been confirmed for the site visit for the police chief candidates and/or that
Anderson and Associations was working with make travel arrangements.
(5)
Copies any/all communications from May 12, 2017 October 2017 include but not limited emails exchanged between Kim Baker
Medina, Fuerza Latina, Jackie Kozak-Thiel (Fort Collins chief sustainability
officer), the Fort Collins City Manager office, the Fort Collins Police
Department, the Northern Colorado Fraternal Order Police Lodge and/or the
Larimer County Sherriff Office. true and correct copy Plaintiff October 2017 email correspondence attached
Exhibit
13. email correspondence dated October 2017, Defendants acknowledged
receipt Plaintiff October 2017 CORA request clarification. Defendants October 2017
acknowledgment appears form response any CORA request identical the
September 19, 2017 acknowledgment correspondence. true and correct copy Defendants
October 2017 email correspondence attached Exhibit Compare Exhibit (para.
above).
14. October 13, 2017, Defendants notified Plaintiff that response its request
involved large volume records constituting extenuating circumstances requiring more than
the three-day statutory period make the records available. Defendant asserted that the records
would made available within seven (7) working days. See C.R.S. 24-72-203(3)(b). true
and correct copy Defendants October 13, 2017 email correspondence attached Exhibit
15. letter dated October 19, 2017, Defendants stated that they would not disclose
several responsive records for the following reasons:
The communications documents are not records that they meet the
definition work product (see Colorado Revised Statutes 24-72-202 (6)(II)(A) and (6)(b)(II)
and (6.5) (a) and (b));
The records are privileged, such under the attorney-client privilege,
contain confidential commercial information and must not disclosed pursuant Colorado
Revised Statutes 24-72-204 (3)(a)(IV); and The records were submitted behalf applicant who not finalist
and cannot disclosed pursuant Colorado Revised Statutes 24-72-204 (3)(a)(XI)(A).
Additionally, Defendants elected not disclose some documents for the reason that they
are subject the deliberative process privilege citing C.R.S. 24-72-204 (3)(a)(XXII).1 true
and correct copy Defendants October 19, 2017 letter attached Exhibit
16.
Defendants October 19, 2017 letter included privilege log identifying seven (7)
documents fully withheld from disclosure with attached affidavit from Manager Atteberry.
true and correct copy the privilege log and affidavit are attached Exhibit 10.
17. email correspondence dated November 15, 2017, Plaintiff sought clarification the withheld records. Specifically, Plaintiff asked:
Defendants produced some documents via flash drive, received Plaintiff around
October 20, 2017. the City withholding other records not identified the privilege log
under any these bases? so, will the City providing privilege log for these other
records/claims withholding?
Can least tell how many other responsive documents were located,
but have not been produced? there are other documents are (sic) being withheld, can the City tell with (sic) the are being withheld under these other bases? true and correct copy Defendants October 19, 2017 letter attached Exhibit 11.
18. email correspondence dated November 15, 2017, Defendants informed
Plaintiff they would not provide privilege log for records withheld any bases other than the
deliberative process privilege and that they have obligation identify the number
responsive records located but not produced any other grounds.
19. the date this complaint and application, Defendants continue deny
Plaintiff full access the requested public records.
APPLICABLE STATUTORY PROVISIONS
20.
Under CORA, any person may request access inspect and obtain copies any
public record. See 24-72-203(1)(a), C.R.S.
21.
Under CORA, record constitutes public record, the custodian may deny
access only there specific exception that requires permits the withholding that record.
See 24-72-203(1)(a), C.R.S.
22.
Under CORA, any person denied the right inspect any record may apply
the district court the district wherein the record found for order directing the custodian
such record show cause why the custodian should not permit the inspection such record.
24-72-204(5), C.R.S.
23.
Under CORA, [u]nless the court finds that the denial the right inspection
was proper, shall order the custodian permit such inspection and shall award court costs and
reasonable attorney fees the prevailing applicant amount determined the court.
24-72-204(5), C.R.S.
CLAIM FOR RELIEF
(Violation CORA; 24-72-204(5), C.R.S.)
24.
Plaintiff re-alleges paragraphs 1-23 fully stated herein.
25.
The records requested Plaintiff its September 12, 2017 CORA request are
public records within the meaning 24-72-202(6)(a)(I), C.R.S.
26.
Defendants have failed adequately respond Plaintiff September 12, 2017
CORA request. Consequently, Defendants have unlawfully denied Plaintiff full access the
requested public records.
27.
Because Defendants have unlawfully denied Plaintiff full access the requested
public records, Plaintiff entitled order compelling Defendants allow Plaintiff access
all responsive public records Defendants possession, custody, control.
28.
Plaintiff also entitled award its reasonable attorney fees and costs
enforcing its right public access these public records, pursuant 24-72-204(5), C.R.S.
APPLICATION FOR ORDER SHOW CAUSE
Pursuant 24-72-204(5), C.R.S., Plaintiff entitled to, and hereby applies for, Order Show Cause directing Defendants show cause why Plaintiff should not allowed
access the requested public records. required CORA, the Court should set date for
show cause hearing the earliest time practicable. proposed Order this effect attached for the Court convenience.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court:
enter forthwith Order directing Defendants show cause why Plaintiff should
not allowed access the public records described Plaintiff September 12, 2017 CORA
request;
conduct hearing pursuant such Order the earliest practicable time,
which time the Court may make the Order Show Cause absolute;
enter Order requiring Defendants allow Plaintiff access all responsive
public records Defendants possession, custody, control;
award Plaintiff its reasonable attorneys fees and costs associated with the
preparation, initiation, and prosecution this action, mandated 24-72-204(5); and
grant such other and further relief the Court deems proper and just.
DATED this 12th day April, 2018. Marc Colin
Marc. Colin (Atty. 9597)
Attorney for Plaintiff Counsel:
Lauren Burke (D.C. Bar. No. 1028811)
JUDICIAL WATCH, INC.
425 Third St., S.W., Suite 800
Washington, 20024
Telephone: (202) 646-5172
Fax: (202) 646-5199
E-mail: lburke@judicialwatch.org