In short Woodmen Hills never released the records for the CTF expenditures for the remodel of the West Rec Center, they want to take it to court and then release it.
As I said we here Exposed are not lawyers but when asked the last request in June, 2017 went unfilled the last email said “we need more time” and that gave them up to 10 days to produce it that ten days was over in June 30,2017.
The issue is this they are claiming they have “no records” responsive and the CTF matter was unresolved as shown.
As I said they are hiding the pay for the directors and contracts the law is clear and Bendelow is going to have to justify the matter now. We don’t mind seeing if a judge in good standing is of the same opinion as they are. Here is the law as sited by Woodmen Hills
(4.5) “Personnel files” means and includes home addresses, telephone numbers, financial information, and other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure under this part 2 or any other provision of law.
This is the part they left off their response as sent to Exposed.
“Personnel files” does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required under section 23-5-123, C.R.S., or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions. in its entirety. 24-72-202 (4.5), C.R.S.
The law is not on their side and they will argue that releasing it is detrimental to the community, well we have a right to know.
The new that just went into effect says they can not say they are “creating” a record if they have to redact it. This means that if ask for a check ledger they must produce it. If they redact it they must produce a log for each time they redacted as it can be challenged. The law is on the side of transparency just not the rogue board who is up to…………..
Dear Mr. Pace,
The Cora Department is in receipt of your requests dated June 18th, 2017 for the following:
1. To inspect copies of all receipts, work orders, invoices, to include payments for each expenditure.
2. Include copies of all check ledgers for such payments to each trade, contractor, consultant, architect or any such payment for services for the remodel
3. If there are payments and invoices for equipment bought then include that as well
4. If the remodel payments came from the CTF account as was told to the public then include that information as well.
5. Copy of the check ledger of the CTF account.
Due to the nature of the above request the Cora Department will need more time to respond.
1. Copies of all contracts between employees, or consultants prior and present. This
includes “agreements”, “contracts”, or any such written action as shown to exist for any
and all district directors for Woodmen Hills. IE; Lisa Peterson, Mr. McGrady, and Gene
2. Total (pay only not benefits) compensation each director related employees past and
present to include “compensation” totals for each person including all form of
compensation to each person on a yearly basis for the last 3 years if they were employed
by Woodmen Hills. Mr. McGrady is a new hire so this understandable if he doesn’t have
a report but include his salary as agreed to by the board for compensation.
3. A copy of any W-2 or 1099 issued to each director as issued by Woodmen Hills for the
total compensation of each person requested. Please see response in red.
On April 29th, 2017 an Open Records request was sent to the Cora Department by you requesting the same information and was answered on May 1st, 2017, please see below:
1. A copy of any and all employment contracts for the following personal and non-personal to include contractors. Gene Cozzolino, Lisa Peterson and Daniel Cole.
2. Also produce the current compensation for each person to include any W-2’s or recent pay stubs, 1099’s or forms of compensation showing payment for each person since January 1 2016.
3. If the item needs to be redacted by all means do so if you refuse to redact claiming the law says you don’t have to then use the alternative form produced by the corresponding check ledger
Cora Department’s answer to that April 29th, 2017 request was this District has no records to fulfill your request, 24-72-202 (4.5), C.R.S. Your Open Records Request was completed.
Woodmen Hills lied as they do have records as shown Exposed has received about “agreements”. This is what is called evidence.
Mr. Bendelow had the chance and said our request for such docs had merit but he took took the opinion from our stand point that we must take them to court to get information about a very specific issue, Contracts, agreement’s, and compensation.