How to File a Public Records Request in Berthoud, Colorado

What Is the Colorado Open Records Act (CORA)?

The Colorado Open Records Act (CORA), codified at C.R.S. §§ 24-72-200.1 through 24-72-206, is the state law that guarantees public access to government records at all levels in Colorado. First enacted in 1968, CORA declares that "all public records shall be open for inspection by any person at reasonable times." The law applies to state agencies, counties, municipalities, school districts, and special districts — including statutory towns like Berthoud.

A "public record" under CORA includes virtually any writing made, maintained, or kept by a government entity in connection with official functions. This encompasses meeting minutes, budgets, contracts, permits, emails, photographs, maps, and digital files. Any person — whether a local resident, out-of-state journalist, or national organization — may request records without stating a reason.

CORA contains specific exemptions that allow or require custodians to withhold certain records. These include personnel files (though basic employment information like salary and job title remains public), trade secrets, attorney-client privileged communications, records of ongoing investigations, medical records, and personally identifiable information such as Social Security numbers. Criminal justice records are governed separately under the Colorado Criminal Justice Records Act (CCJRA), C.R.S. §§ 24-72-301 through 24-72-309. Importantly, the burden of proving that an exemption applies always falls on the government — not on the requester.

Read the full text of the Colorado Open Records Act (CORA) (Colorado Revised Statutes, Title 24, Article 72, Part 2 (§§ 24-72-200.1 through 24-72-206))

How to File a Public Records Request with the Town of Berthoud

How to Submit Your Request

The Town of Berthoud accepts open records requests through its online NextRequest portal at townofberthoudco.nextrequest.com, which is the preferred submission method. You may also complete the Town's Public Records Request Form (available as a fillable PDF on the Town's website) and email it to [email protected] or deliver it in person to the Town Clerk's Office at 807 Mountain Avenue. The Town Clerk serves as the official custodian of records and coordinates requests across departments. The Town recommends speaking with staff before filing a formal request, as they can help you draft appropriate request language and direct you to records that may already be publicly available on the Town's website or in the Agenda Center.

What to Include in Your Request

• Your full name and contact information (email address and/or phone number)
• A specific description of the records you are seeking, including document type
• Relevant date ranges for the records requested
• Names of departments, individuals, or projects connected to the records
• Your preferred format for receiving records (electronic or paper copies)
• A statement of the maximum fees you are willing to pay before being contacted
• Any identifying details such as permit numbers, addresses, or case numbers to help locate the records

Response Deadlines and What to Expect

Under the Colorado Open Records Act, the Town of Berthoud must make requested public records available for inspection within three working days of receiving a written request, as specified in C.R.S. § 24-72-203(3)(b). The clock begins the next working day after the request is received. Note that the Town Clerk's Office operates Monday through Thursday, so requests received on Thursday afternoon will not begin counting until the following Monday.

If extenuating circumstances exist — such as a large volume of records, the need for legal review, or records stored off-site — the Town may extend the response period by up to seven additional working days, for a total of ten working days. The Town must notify you of the extension and the reasons for it within the initial three-day window.

It is important to understand that the three-day deadline is for making records available for inspection, not necessarily for completing production of all responsive records. For complex requests, the Town will typically provide a cost estimate and timeline before beginning work.

Regarding fees, CORA authorizes agencies to charge up to $0.25 per standard page for paper copies, but no per-page fee applies to records provided electronically. The first hour of staff research and retrieval time is free under CORA. After the first hour, agencies may charge up to $41.37 per hour (as adjusted effective July 1, 2024) under C.R.S. § 24-72-205(6). The Town's Open Records page notes that fees are associated with requests. Always request records electronically to minimize costs and ask for a cost estimate before authorizing work on large requests.

What to Do If Your Request Is Denied or Delayed

If the Town of Berthoud denies your records request or fails to respond within the statutory deadline, you have options — though it's important to understand that Colorado's formal appeal process runs through the courts, not an administrative agency.

Common reasons for denial include: the records fall under a statutory exemption (such as personnel files, attorney-client privilege, or trade secrets under C.R.S. § 24-72-204); the records are criminal justice records governed by the CCJRA rather than CORA; the request is overly broad; or the records do not exist. The Town must provide a written explanation citing the specific exemption if it denies any portion of your request.

Start with an informal approach. The Town's Open Records page suggests following up directly with the Clerk's Office or the relevant department. Call (970) 532-2643 to discuss the denial and determine whether narrowing or clarifying your request might resolve the issue. Town staff may be willing to work with you to identify releasable portions of records that were partially denied.

If informal efforts fail, you must provide the records custodian with at least 14 days' written notice of your intent to file a lawsuit under C.R.S. § 24-72-204(5). During this period, both parties may attempt to resolve the dispute informally, including through mediation or other agreed-upon methods. Colorado does not have a public records ombudsman or administrative appeal mechanism — the district court is the only formal venue for challenging a denial.

If you file a petition in district court and prevail, the court is required to award you court costs and reasonable attorney fees under C.R.S. § 24-72-204(5). The custodian may recover fees only if the court finds your lawsuit was frivolous, vexatious, or groundless.

Steps to Appeal

1. Contact the Town Clerk's Office at (970) 532-2643 or [email protected] to discuss the denial and ask for a detailed written explanation citing the specific statutory exemption(s).
2. Request a written statement of the grounds for the denial under C.R.S. § 24-72-204(4), if one was not already provided.
3. Consider narrowing or modifying your request to address the custodian's concerns — sometimes a more targeted request resolves the impasse.
4. Consult the Colorado Freedom of Information Coalition (CFOIC) at coloradofoic.org for guidance and resources on challenging a CORA denial.
5. Send formal written notice to the records custodian of your intent to file a lawsuit, at least 14 days before filing, as required by C.R.S. § 24-72-204(5).
6. During the 14-day pre-suit period, attempt to resolve the dispute through the required informal discussion, mediation, or other mutually agreeable method.
7. If unresolved, file a petition in the Larimer County District Court asking the court to order the custodian to show cause why inspection should not be permitted. If the court finds the denial improper, it must award you court costs and reasonable attorney fees under C.R.S. § 24-72-204(5)(b).

Types of Records You Can Request from Berthoud, Colorado

The Town of Berthoud creates and maintains a wide variety of public records across its departments. As a growing community with active development, many of these records relate to land use, infrastructure, and public services. Below are common types of records you can request under CORA.

• Town Board meeting agendas, minutes, and resolutions
• Town budgets, financial statements, and expenditure reports
• Contracts and agreements with vendors, consultants, and contractors
• Building permits, zoning applications, and development review documents
• Code enforcement complaints and violation records
• Water and wastewater utility records and rate studies
• Town employee salary and compensation data
• Emails and correspondence of town officials related to official duties
• Land use planning documents, annexation records, and comprehensive plans
• Liquor and marijuana licensing applications and approvals
• Public works project documents, road plans, and infrastructure reports
• Cemetery (Greenlawn) records and plot deeds
• Board and commission meeting records and applications
• Municipal court records (subject to court rules)

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Town of Berthoud to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Berthoud