How to File a Public Records Request in Timnath, 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 every level in Colorado — state, county, and municipal. First enacted in 1968, CORA declares it is the public policy of Colorado that "all public records shall be open for inspection by any person at reasonable times." The law applies to any "writings" made, maintained, or kept by a government body in connection with official functions, including documents, emails, photographs, maps, recordings, and digitally stored data.

Public records available under CORA include building permits, town council minutes, government contracts, employee salary information, inspection reports, correspondence related to official business, budget documents, and more. Any person — resident or non-resident, individual or organization — may request records without stating a reason.

CORA contains specific exemptions for personnel files (though salary and job title information remain public), attorney-client privileged communications, trade secrets, deliberative process materials, and records whose disclosure is prohibited by state or federal statute. Criminal justice records are governed by a separate law, the Colorado Criminal Justice Records Act (CCJRA), C.R.S. §§ 24-72-301 through 24-72-309. When a denial is challenged, the burden falls on the government custodian to justify withholding — not on the requester to prove the record should be released.

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 Timnath

How to Submit Your Request

The Town of Timnath uses JustFOIA, an online public records request portal, as its primary method for receiving and processing CORA requests. To submit a request for general town records, visit townoftimnath.justfoia.com/publicportal/home/newrequest and complete the online form. For police report requests specifically, use the separate portal at timnathpdco.justfoia.com/publicportal/home/newrequest. You may also submit requests by email to the Town Clerk at [email protected], by mail to 4750 Signal Tree Drive, Timnath, CO 80547, or in person at Town Hall during business hours. All requests must be in writing. The online portal is the preferred method as it allows you to track the status of your request and receive documents electronically.

What to Include in Your Request

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

Response Deadlines and What to Expect

Under CORA, the Town of Timnath must make requested public records available for inspection within three working days of receiving a written request (C.R.S. § 24-72-203(3)(b)). The clock starts the next working day after your request is received. Requests received after business hours or on a day the office is closed are considered received the next working day.

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

Importantly, the three-day deadline is for making records available for inspection, not necessarily for completing the entire production. For large or complex requests, the Town may provide records on a rolling basis or provide a timeline and cost estimate before beginning work.

Regarding fees, the Town of Timnath may charge up to $0.25 per standard page for paper copies under C.R.S. § 24-72-205. No per-page fee may be charged for records provided electronically via email. The first hour of staff research and retrieval time is free. After the first hour, the Town may charge up to $41.37 per hour for staff time, as provided by C.R.S. § 24-72-205(6). The Town may require a deposit or prepayment for large requests. Always request electronic copies when possible to avoid per-page printing costs.

What to Do If Your Request Is Denied or Delayed

If the Town of Timnath denies your records request or fails to respond within the statutory deadline, don't panic — you have options. But it's important to know that Colorado's appeal process ultimately runs through the courts, not an administrative agency.

Common reasons for denial include: the records fall under a statutory exemption (such as personnel files, trade secrets, or attorney-client privilege 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 vague; or the records simply don't 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. Contact the Town Clerk's Office at (970) 224-3211 to discuss the denial. Sometimes a conversation can resolve misunderstandings or reveal opportunities to narrow your request in ways that satisfy both parties. Many denials stem from requests that are broader than the requester intended.

If informal efforts fail, CORA requires a structured pre-litigation process. You must send the Town a written 14-day notice of your intent to file a lawsuit. During this 14-day window, the Town is required to attempt to resolve the dispute with you (C.R.S. § 24-72-204(5)). This mandatory discussion can be productive, especially with a smaller municipality like Timnath where direct communication is more accessible.

If no resolution is reached, you may petition the district court for Larimer County for an order directing the Town to show cause why inspection should not be permitted. The court reviews the matter de novo, and the burden is on the Town to justify withholding. If you prevail, the court must award you court costs and reasonable attorney fees (C.R.S. § 24-72-204(5)(a)). The Town can only recover fees from you if the court finds your suit was 'frivolous, vexatious, or groundless.'

Steps to Appeal

1. Contact the Town Clerk's Office at (970) 224-3211 or [email protected] to discuss the denial and ask for clarification on the specific exemption cited.
2. Request a written denial that cites the specific CORA exemption(s) justifying the withholding — you are entitled to this explanation under the statute.
3. Consider narrowing or modifying your request to address the Town's stated concerns, which may result in at least partial disclosure of records.
4. If the denial stands, send the Town a formal written 14-day notice of intent to file a lawsuit, as required by C.R.S. § 24-72-204(5), and attempt informal resolution during this period.
5. Consult with an attorney experienced in Colorado open records law — the Colorado Freedom of Information Coalition (CFOIC) at coloradofoic.org is a helpful resource for guidance.
6. File a petition in the district court for Larimer County asking the court to order the custodian to show cause why inspection should not be permitted (C.R.S. § 24-72-204(5)).
7. If the court finds the denial was improper, it must award you court costs and reasonable attorney fees as the prevailing applicant (C.R.S. § 24-72-204(5)(a)). Fees are awarded to the Town only if the court finds the suit was 'frivolous, vexatious, or groundless.'

Types of Records You Can Request from Timnath, Colorado

The Town of Timnath creates and maintains a wide variety of public records across its departments. As one of Colorado's fastest-growing communities, the Town generates significant volumes of development-related records in particular. Below are common types of records you can request under CORA.

• Town Council meeting agendas, minutes, and resolutions
• Ordinances and municipal code amendments
• Town budgets, financial statements, and expenditure reports
• Contracts and agreements with developers, vendors, and consultants
• Building permits, zoning applications, and development plans
• Annexation agreements and comprehensive plan documents
• Code enforcement complaints and violation records
• Business license applications and approvals
• Town employee salary and compensation data (excluding protected personnel file contents)
• Emails and correspondence of town officials related to official duties
• Land use planning documents and subdivision plat records
• Police incident reports (through the Timnath Police Department, subject to CCJRA)
• Parks and recreation program records and facility use agreements
• Timnath Development Authority (TDA) records and tax increment financing documents
• Public works project documents and infrastructure plans

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

Tips for Effective Public Records Requests in Timnath